^ NORTH CAROLINA
REGISTER
#
#
,
REC^§£tiMi
1
12 •
ISSUE 16 • Pages 1472 - 1605
rte 1-^ '
February 16, 1998
KATHRINE X. EVEREl i
.
LAW LIBRARY
i
^
IN THIS ISSUE
-
\
Executive Order
5^
Municipal Incorporations Petition
Voting Rights Letters
Administrative Hearings, Office of
Auctioneers, Commissiofi for
Commerce
^
^
Cultural Resources
5
Derrtai Examiners
^^
^
Environment and Natural Resources
S
^ \
Health and Human Services
Labor
Plumbing, Heating & Fire Sprinkler Contractors
,\
Professional Engineers and Land Surveyors
«;-
Revenue
■■■s^ %
Rules Review Commission
^
Contested Case Decisions
PUBLISHED BY
The Office of Administrative Ht
'.arings
Rules Division
PO Drawer 27447
Raleigh, NC 27611-7447
Telephone (919) 733-2678
Fax
(919) 733-3462
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its
components, consult with the agencies below. The bolded headings are typical issues which the given agencj
can address, but are not inclusive.
Rule Notices. Filings. Register^ Deadlines. Copies of Proposed Rules, etc.
Office of Administrative Heanngs
Rules DiMsion
Capehart-Crocker House (919) 733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact Mollj Masich, Director APA Services
Rub> Creech, Publications Coordinator
mmasich@oah state nc us
rcreech@oah state nc us
Fiscal Notes & Economic Analysis
Office of State Budget and Management
1 1 6 West Jones Street
Raleigh, North Carolina 27603-8005
contact Mark Sisak, Economist III
Anna Tefft, Economist II
(919)733-7061
(919) 733-0640 FAX
msisak@osbm state nc us
ateffi'a'osbm state nc us
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave , Suite 159
Raleigh, North Carolina 27605
contact Joe DeLuca Jr , Staff Director Counsel
Bobby Br>an, Staff Attorney
(919)733-2721
(919) 733-^415 FAX
Le gislative Process Concerning Rule Making
Joint Legislative Administrauve Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 276 U ^ (919) 715-5460 FAX
contact Mar\ Shuping, Staff Liaison
marys@ms ncga state nc us
County and Municipality Government Questions or Notification
NC Association of County Commissioners
2 1 5 North Dawson Street (9 1 9) 7 1 5-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn or Rebecca Troutman
NC League of Municipalities
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Paula Thomas
(919)715-4000
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
I
NORTH CAROLINA
REGISTER
I
Volume 12, Issue 16
Pages 1472 - 1605
February 16, 1998
This issue contains documents officially filed
through January 26, 1998.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann 111, Director
Bradley Buie, Acting Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
$
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Order 127 1472 - 1478
n. IN ADDITION
Municipal Incorporations Petition 1479
Voting Rights Letters 1480 - 1481
ffl. RULE-MAKING AGENDA
Environment and Natural Resources 1482 - 1488
rv. RULE-MAKING PROCEEDINGS
Environment and Natural Resources
Coastal Management 1489
Environmental Management 1489
V. PROPOSED RULES
Administrative Hearings, Office of
Civil Rights Division 1508 - 1510
Licensing Boards
Plumbing, Heating & Fire Sprinkler Contractors 1490 - 1492
Professional Engineers and Land Surveyors . . . 1492 - 1508
VI. TEMPORARY RULES
Cultural Resources
USS North Carolina Battleship Commission ... 1511
Environment and Natural Resources
Departmental Rules 1511-1518
Wildlife Resources Commission 1518 - 1520
Vn. APPROVED RULES 1521 - 1590
Commerce
Community Assistance
Environment and Natural Resources
Coastal Management
Health Services
Water Pollution Control System Operators
Health and Human Services
Facility Services
Labor
Occupational Safety and Health
Licensing Boards
Auctioneers, Commission for
Dental Examiners
Revenue
Corporate Income and Franchise Tax Division
License and Excise Tax Division
Sales and Use Tax
Vm. RULES REVIEW COMMISSION 1591 1594
IX. CONTESTED CASE DECISIONS
Index to AU Decisions 1595 - 1604
X. CUMULATIVE INDEX 1-78
#
rNt ftj On
OS
O
z
#
.> £.1
1 ' S
■Si5 ;:
f = 1
a-
h:
2;
ON
ON
ON
ON
ON
ON
ON
ON
ON
ON
ON
ON
ON
ON
ON
^
^
-^
^
>r,
U^
w^
C^
c?
c?
ri
fN
3
llr
a
.§
.a
^ «
■" a * i!^ or
^
00
00
OC
oc
00
00
»i
a:
S
;5
fS
CI
c*
S E I: a e
3
a
"S
—
—
—
_
•a J5 o =
g
1S
^
s
'111
t~~
r^
f-.
00
00
Z
Z
cr
3
3
i
^
^^
—
—
—
—
aa
t^l
^^^^
^^
^^
^^
^^
^^
^^
^^
^^
^^^^^
^^^
^^*
^-^
^^^
^— ^
^^^
—
^^^
^^—
.i £ .2
III
-?ir
o <
S
^
^
ON
fN
O E
il
- =1
a
C>
^ i
£
tj _
o
1 2 1 i -S
3 E ^ 1 S
^
^1
rJ
ON
?
S
s
S
0^
3
r5
Pi
3
3
in
8
i
c
•0^0 =
M
Xi
3
•s
C
HI
s
3
^
(— .
r^
a-
ON
^
S
•a ^
c
^^^
OJ
^^
^^
^M
^^
Of
1= M
^
f^
r^
f^
00
§ =-2
0^
ON
ON
ON
ON
O*
ON
ON
ON
ON
ON
00
s
3
3'^
S '^
.2 S
le
ON
ON
ON
On
O-
ON
Ov
ON
a^
ON
ON
ON
0^
ON
ON
sill
'i ?s
ta. Z C!
■| 1
3
3
o 3 £
~
~
~
=>
u <e a
■- Q.
I—
00
>^
r-g
^
o-
3
3
L.
«2
1^
1^
r~
00
00
ti
ON
ON
a^
ON
ON
ON
ON
ON
ON
ON
ON
OS
OS
r-j
rj
n-i
00
r^
00
r-i
^
3
3
J
—
—
—
—
2
z
■0
f^
r-
r~
00
.J
Q
<
rj
S
a>
ON
ON
3
3
u
a
"^
o
S
^
u,
3
1 S
if
<N
rj
r^
r*
B c
0X1
c
o
u
c
o
u
o
0£
e
B
(U
E
T3
o
a
i-
■y.
O
^ '^ ^
a: -a g.
< ^. -^,
^ — ^ .—
— _ O/j
=^ cu U
o
o
c
«
1- -a
g|
^5
S2
pa _ u ?;
O
O =
<
O
Q
Z -
:y [;; s s^ =
Sc -p ^ ^
a as
z w
_ o
o —
— o
o '^
H
-^ o ii ?-
s ;^
c/:
c: a _i; —
S n. x:
■— p e: ojj
a. ~
— o — c ojj
s 5
ca w
w cQ
;£ 2 ■= E
o ^
to
_ O -o „
H !a
— i2 O "O o —
J9 r
c <
o _ £:
C3 3 — _
X
OD
CyO
o
Oij
■ —
11
o
OL.
o
1-
r;
o
-o
O Xi '->
■^ 3 >
racy
C ?
S < S ^ ^ -^ S
< X '3 y
■r. 'X, t—
2 as >: ~
S •_ —
5
X3
t- ^ f^
3 5 £ sc -:^
£ a:
x; -o
CI
-1
—
o
Q::
r-J
v:!
o
CQ
ir,
w
>^
x:
c
o
t/D
5 O
u
ca
va
_o
'u
u
a.
.J
e
3
_o
Q
n
U
3
X
a.
u
E
C/3
o
z
4>
o
f
H
-o
<
s
u
n
i^
H^
.'i vO
03
:*■ o
3
On
w
C^
X
ii £:'
■a a*
o
^1
z
o
r-
■E .i
<
S u
z
X <-
<
t «
_J
5- T-
0.
._ irf
"3 3
■§i
< i
o <^
^ o
?^ f^
e=5
o u
0, <N
5 u
>,<
js U
■s^
U VO
« M
% o
u *^
a. ex
a =
'o '-s
— u
3 O
■o u
V u
JS «
^■s
c ■=
O 3
ts a.
2 i
•= o
~ o
£•-
o
■? E
o
CJ
u
c
z
n
■a
H
c/:
O
z
<
o
-^
?
o
C/3
CJ
z
o
z
■a
u:
U
-1
-r
tu
;/:
S
o
^
o
as
3
u
a
S
o
;-;
u.
?
i<i
o
O
o
uf:
■i:
u
u
1
c/^
o
>b
>1
H
o
it
03
c^
-1
-1
a
<
a
o
z
as
z
O u
— J=
X I/'
<u —
" X)
O 3
■S ^
•a y
■a '-» —
5 §
y .E
£ -5
5 a
O 13
X3
3
3
o
o ■
o
c
Ml
a
5 ■^
K l; o
e >< o
I SI
z ^
h f^ o
== -^ 9-
td as
a. ~ 3 e
5 S ;;: -E
< ^ -J o
U B, C O,
t/3 x:
S I
3 3
a. c
2i "J u
•- >- -s
OJj o
o; c o
^ .- -c
3 g
c
-^ a
c5 .
"^ -S
O Xi ;
;= o
o b
" y ^ st'
J3 — 3 «
'j; x:
T3 -a
C
.2
>^ i> 'c/5
ra £ O
00 cj U
- o
3 -5
00
- v:
00 c
_ 4J
X) ^^
g.2
Xi QJ
s '->
>. -E
•a I
« S
x; _
3
■a
1— oj
,0 J3
oo
L> w E
t3 O
■O _ _
ir, E O-
— « 3
t- x: ^
c
3 .o
o
■T3
O 3
Oi O
O
■= O
x: 1-
— o
z —
a:
O
< —
'■5 '^
3 t.
^ X
■> (u x:
o o t
■^ ■= £
t^ ._- ■'—1
> o "—
o '3; 3
Q..:= .2
ci. E ~
C/5 "O
■5) E
c
cm
c
. , CJ
£ ^ E ^ b o
/^ o -.2 ■"= i^ 1"
c " s -~ 2
° CJ 3 r
Z x: ■:- ra
'y: ^ u
_g 3 = 3 ^ _
o !^
5 H •- -
•a iJ ?, .9-
c/i « OS o
g. s '■" c:
S 3
■i SO 3
2 - 2 e
o o ~ ■-
o -' ._,
.s ^ b ^
O -2 ~
_^0 .2
H. "3 > 'G
.3- o ■;: o
O
u
<
d
6
■-: rj o
7: o
.2 a
-3 -_,
ir "3
5
S 3
— a: o ^
'-i r~ ^ S
^ ^ .T -r
X ?! I- 3
> -3
■3
3
3
_0 -- o
. E "= S
. . o
oil X
•s •-
"? 1^ x: 3
LU
■- V, ::■<■■:=
'^ o :^ -=
3
x:
■3
■-
?:
„
'._
CJ
■0
_3
•a
CJ
>>
CJ
^
E
'-'
re
-3
D.
v.
CJ
x:
Mj
.2
—
CJ
'Ji
CJ
15
>.
3
3
C
>^
c
"
c.
3
c/j
re
•0
CJ
>
.3
"
■~
■3
3
CJ
re
•T3
OJ
CJ
c
C/3
CJ
re
00
x:
CJ
Ji
re
00
re
CJ
CJ
f
■5
a
"3
a:
•E
—
c
S
>,
I
■—
c/j
c/:
>,
u. re
D.-3
CJ E
>^
^
>^
.
3
"3
•^
C/2
z
■3
3
p
■3
j:
,^'
"o
^
>.
s;
■_>
r-
CJ
~
3
■3
^.
y.
n
*-J
■_j
CJ
-Ti
3
^
-E
z
H
c75
3
1—
00
EXECUTIVE ORDER
I
EXECUTIVE ORDER NO. 127
NORTH CAROLINA BOARD OF ETfflCS
i
#
#
WHEREAS, the people of North Carolina entrust public
power to elected and appointed officials for the purpose of
furthering the public, not private or personal, interest; and
WHEREAS, to maintain the public trust it is essential that
government fuinction honestly and fairly, free from all forms of
impropriety, threats, favoritism, and undue influence; and
WHEREAS, elected and appointed officials must maintain
and exercise the highest standards of duty to the public in
carrying out the responsibilities and functions of their
positions; and
WHEREAS, acceptance of authority granted by the people to
elected and appointed officials imposes a commitment of
fidelity to the public interest and such power cannot be used to
advance narrow interest for oneself other persons or groups;
and
WHEREAS, self interest, partiality and prejudice have no
place in decision making for the public good; and
WHEREAS, Public Officials must exercise their duties
responsibly with skillful judgment and energetic dedication;
and
WHEREAS, Public Officials must exercise discretion with
sensitive information pertaining to public and private persons
and activities; and
WHEREAS, to maintain the integrity of North Carolina's
state government, those entrusted with authority must exercise
it for the good of the public and treat every citizen with
courtesy, attentiveness and respect; and
WHEREAS, because many public officials serve on a part-
time basis, it is inevitable that conflicts of interest and
appearances of conflict will occur. Often these conflicts are
unintentional and slight, but at every turn those who represent
the people of this State must be certain that it is the interests of
the people, and not their own, that are being served. Officials
should be prepared to remove themselves immediately from
decisions, votes, or processes where even the appearance of a
conflict of interest exists; and
WHEREAS, the State of North Carolina is committed to the
responsible exercise of authority by persons of honor and good
will in their government, by adopting a stronger procedure to
prevent the occurrence of conflicts of interest in government
and to resolve conflicts when they do occur.
NOW, THEREFORE, by the power vested in me as
Governor by the Constitution and laws of the State of Nonh
Carolina, IT IS ORDERED:
Section L, Rescission of Executive Order No. L.
Executive Order Number 1, dated January 9, 1993, and all
subsequent amendments thereto are hereby rescinded. All
records, including Statements of Economic Interest and other
resources of the North Carolina Board of Ethics created
pursuant to Executive Order Number 1 , are transferred to the
North Carolina Board of Ethics created herein.
Section 2^ North Carolina Board of Ethics.
There is hereby established the North Carolina Board of
Ethics ("Board"). The Board shall consist of seven persons
appointed by the Governor. Those individuals now serving on
the Board of Ethics created by Executive Order Number I are
appointed, effective immediately, as members of the Board
created by this Order. To provide for staggered terms, the
Governor shall designate three members to serve initial terms
of two years, two members to serve initial terms of three years,
and two members to serve initial terms of four years.
Thereafter, each member shall serve a term of four years. No
member shall be removed from the Board absent misfeasance,
malfeasance, or nonfeasance as determined by the Governor.
The Governor shall, from time to time, designate one of the
members as Chair. The members shall receive no
compensation, but shall receive reimbursement for any
necessary expenses incurred in connection with the performance
of their duties pursuant to North Carolina law and procedure.
Vacancies on the Board shall be filled for the remainder of the
term by appointment of the Governor.
Section i. Persons Subject to this Executive Order.
The following persons are subject to this Executive Order
and to the jurisdiction of the Board and shall hereafter be
referred to as "Public Officials."
a. All employees in the Office of the Governor.
b. The heads of all principal State agencies who are
appointed by the Governor.
c. The chief deputy or chief administrative assistant to each
of the aforesaid heads of principal State agencies.
d. All "confidential" assistants or secretaries to the aforesaid
agency heads (or to the aforesaid chief deputies and assistants
of agency heads) as defined in North Carolina General Statute
§ 126-5(c)(2).
e. All employees in policy-making positions as designated
by the Governor pursuant to the State Personnel Act as defined
in North Carolina General Statute § 1265-(b), and all
"confidential" secretaries to these individuals.
f. Any other employees or appointees in the principal State
agencies, except in those Agencies headed by an elected official
other than the Governor, as may be designated by the Governor
or by the Board with the Governor's consent, to the extent such
designation does not conflict with the State Persoimel Act.
g. The members appointed by the Governor to boards,
commissions, and councils, except those boards, commissions.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1472
EXECUTIVE ORDER
and councils which, in the Board's opinion, perform solely
advisory functions.
h. Individuals made subject to this Executive Order pursuant
to Section 9 below.
i. Members of the Board.
The departments, boards, commissions, councils, and other
State entities identified above in which Public Officials serve
are hereafter collectively referred to as "Agencies" (or
"Agency" as conie.xt may require).
Section 4. Duties and Powers of the Board.
a. The Board shall provide reasonable assistance to Public
Officials in complying with the terms of this Order.
b. The Board shall develop readily understandable forms,
policies, and procedures to accomplish the purposes of this
Order.
c. The Board shall review all Statements of Economic
Interest filed by prospective and actual Public Officials to
evaluate whether:
1 . the Statements conform with the terms of this Order;
2. the Statements comply with the Board's forms,
policies, and procedures; and,
3. the financial interests and other information reported
reveals an actual or potential conflict of interest.
d. The Board shall prepare a written evaluation of each
Statement of Economic Interest. The Board shall submit
written evaluations:
1. to the Public Official who submitted the Statement;
2. to the head of the Agency in which the Public
Official serves;
3. to the Governor for gubernatorial appointees and
employees in Agencies under the Governor's
authority; and,
4. to the appointing or hiring authority for those Public
Officials subject to this Order pursuant to the
provisions of Section 9 below.
The Board shall make everv' reasonable effort to prepare and
submit evaluations of prospective Public Officials as promptly
as possible.
e. Any person ina\' file a complaint with the Board regarding
the actions of any Public Official. A complaint shall:
1. contain the name, address, and telephone number of
the individual filing the complaint; and,
2. include a summary of the facts giving rise to the
complaint.
A Public Official against whom a complaint is filed, and all
other individuals against whom allegations are made in a
complaint, shall be given an opponunity to file a written
response with the Board. The Board shall give full and fair
consideration to all complaints and responses received.
f. The Board shall have full authoritv' to investigate filed
complaints. The Board also is authorized to unilaterally initiate
investigations upon the request of any Board member if, in the
Board member's discretion, there is reason to believe that a
Public Official has or may have violated this Executive Order.
In determining whether there is reason to believe that a
violation has or may have occurred, a Board member can take
general notice of available information even if not formally
provided to the Board in the form of a complaint. As provided
in Section 1 1 of this Order, the Board may utilize the services. "
of hired investigators when conducting investigations. (
Public Officials shall promptly and fully cooperate with the
Board in any Board related investigations. Failure to cooperate
fully with the Board in any investigation shall be grounds for
sanctions as set fonh in Section 10 of this Order.
g. The Board shall render formal and binding opinions of its
findings and recommendations made pursuant to complaints or
Board investigations. Formal and binding opinions issued by
the Board shall be published periodically. The Board shall
forward a copy of formal and binding opinions to:
1. the Public Official whose conduct is at issue;
2. the complainant (if applicable);
3. the head of the Agency in which the Public Official
serves;
4. the Governor for all gubernatorial appointees and
employees within Agencies under the Governor's
authority; and,
5. the official responsible for hiring or making the
appointment of the person investigated.
h. The Board shall render advisor,' opinions as may be
requested by any Public Official, any individual not otherwise
a Public Official who is responsible for the supervision or
appointment of someone who is a Public Official, and those
individuals designated in Sections 5 and 6 who happen not to
be Public Officials. The request shall be in writing and relate
prospectively to real or reasonably-anticipated fact settings or;
circumstances. The Board shall issue advisory opinions having V.
prospective application only. Staff to the Board may issue
advisor)' opinions under such circumstances and procedures as
may be prescribed by the Board.
i. The Board shall interpret the provisions of this Order and
such interpretations shall be binding on all Public Officials.
Any conflict between a provision in this Order and other North
Carolina law (such as the North Carolina Administrative Code,
North Carolina General Statutes, and State Constitution) shall
be resolved in favor of the law.
j. The Board shall submit a report annually to the Governor
on its activities and generally on the subject of public
disclosure, ethics, and conflicts of interest. The report shall
include recommendations for administrative and legislative
action.
k. The Board shall meet, at the call of the Chair, to carr>' out
its duties.
1. The Board shall perform such other duties as may be
necessarv' to accomplish the purposes of this Order.
Section 5^ Duties of the Heads of State A gencies.
a. The head of each State Agency (which term includes the
chair of each board, commission and council subject to this
Order) shall maintain familiarity with the repons, opinions,
newsletters, and other communications from the Board of
Ethics pertaining to actual and potential conflicts of interest ol
Public Officials. When an actual or potential conflict of
interest is cited b\' the Board of Ethics in reeard to a Public
1473
NORTH CAROLINA REGISTER
February 16, 1998
12:16
EXECUTIVE ORDER
#
#
Official sitting on a board, commission, or council, then the
conflict shall be recorded in the minutes of the applicable
board, coinmission, or council and such notation shall be duly
brought to the attention of the membership of that board,
commission, or council by the entity's chair on a regular basis.
b. The head of each State Agency shall take all reasonable
steps to ensure that Public Officials within the Agency
continually monitor their personal affairs to avoid taking any
action which results in a conflict of interest or appearance of
conflict. The chair of any board, commission, or council
which is an Agency under this Order shall take any action
which is reasonably necessary to ensure compliance with this
provision. At the beginning of any official meeting of a board,
commission, or council, the chair shall remind the members of
their duty to avoid conflicts of interest and appearances of
conflict. The chair also shall inquire as to whether there is any
known conflict of interest or appearance of conflict with respect
to any matters before the board, commission or coimcil.
c. Legal counsel employed by or assigned to Agencies shall
advise Public Officials on ethical considerations in carrying out
Public Officials' duties of service for the public good. Legal
counsel so engaged may consult with the Board of Ethics, seek
the Board's assistance or advice, and refer Public Officials and
others to the Board of Ethics as appropriate.
Section 6. Ethics Education and Awareness Program.
a. The Board of Ethics shall initiate and maintain oversight
of educational programs designed to instill in all Public
Officials:
1. a keen and continuing awareness of the ethical
obligations of Public Officials; and
2. sensitivity to situations that might result in real or
potential conflicts of interest or appearances of
conflict.
b. The Board shall develop a workshop/seminar program
which shall be presented periodically to all Agency heads and
their chief deputies or assistants. The program shall stress the
Rules of Conduct for Public Officials as set out below and
provide attendees with practical tools to aid in identifying and
neutralizing real or potential conflicts of interest.
c. With the assistance of the Board, each Agency shall
develop in-house educational programs and procedures tailored
to meet the Agency's particular needs for ethical education,
conflict identification and avoidance.
d. Each Agency head shall designate an ethics liaison who
shall maintain active communication with the Board on all
agency ethical issues. The ethics liaison shall continuously
assess and advise the Board of any issues or conduct which
might reasonably be expected to result in a conflict of interest
and seek advice and rulings from the Board as to their
appropriate resolution.
e. The Board shall publish a newsletter containing copies of
the Board's opinions, policies, procedures, and interpretive
bulletins as issued from time to time. The newsletter shall be
distributed to all Public Officials.
f. The head of each State Agency shall maintain familiarity
with and stay knowledgeable of reports from the Board of
Ethics regarding actual and potential conflicts which involve
Public Officials in his or her Agency.
g. The head of each State Agency shall periodically remind
Public Officials imder the head's authority of their duties to the
public under the Rules of Conduct herein, including the duty of
each Public Official to continually monitor, evaluate, and
manage his or her personal, financial, and professional affairs
to ensure the absence of conflicts of interest or appearances of
conflict.
h. The Board shall prepare a compilation of relevant North
Carolina laws, including provisions from the North Carolina
Constitution, General Statutes and Administrative Rules, that
set forth ethical standards applicable to Public Officials. The
compilation also shall include the text of this Order (including
any amendments which from time to time may be adopted),
policies and procedures adopted by the Board, and any other
ethics-related information deemed by the Board to be necessary
and appropriate for inclusion. This compilation shall be
published and provided to Public Officials.
Section 7. Rules of Conduct for Public Officials.
Public Officials shall perform their official duties in a manner
to promote the best interests of the public. To help ensure the
proper performance of their duties, the following Rules of
Conduct are adopted.
a. Conflicts of Interest
1. A Public Official shall not knowingly use his or her
position in any manner which will result in financial
benefit, direct or indirect, to the Public Official, the
Official's family, or an individual with whom or
business with which the Public Official is associated.
(a) This provision shall not apply to financial and
other benefits derived by a Public Official that
he or she would enjoy to an extent no greater
than that which other citizens of North
Carolina would or could enjoy.
(b) This provision shall not apply to financial and
other benefits rightfully gained by a Public
Official pursuant to the proper performance of
his or her official duties or State employment.
2. A Public Official shall not, directly or indirectly,
knowingly ask, accept, demand, exact, solicit, seek,
assign, receive, or agree to receive anything of value
for himself or herself, or for another person, in
return for being influenced in the discharge of his or
her official responsibilities, other than that which is
received by the Public Official from the State for
acting in his or her official capacity.
3. A Public Official shall not solicit or receive personal
fmancial gain, other than that received by the Public
Official from the State for acting in his or her official
capacity, for advice or assistance given in the course
of carrying out the Public Official's duties.
4. A Public Official shall not use or disclose
information gained in the course of, or by reason of,
his or her official responsibilities in a way that would
affect a personal financial interest of the Public
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1474
EXECUTIVE ORDER
Official, a member of the Official's family, or a
person with whom or business with which the Public
Official is associated.
A Public Official shall not improperly use or disclose
any information deemed confidential by Nonh
Carolina law and therefore not a public record.
5. A Public Official shall not cause the employment,
appointment, promotion, transfer, or advancement of
a family member to a State or local office or position
which the Public Official supervises or manages. A
Public Official shall not participate in an action
relating to the disciplining of a member of the Public
Official's family.
b. A ppearances of Conflict
1. A Public Official shall make every effon to avoid
even the appearance of a conflict of interest. An
appearance of conflict exists when a reasonable
person would conclude from the circumstances that
the Public Official's ability to protect the public
interest, or perform public duties, is compromised by
personal interests. An appearance of conflict could
exist even in the absence of a true conflict of interest.
2. A Public Official shall recuse himself or herself from
any proceeding in which the Public Official's
impartiality might reasonably be questioned due to
the Official's familial, personal, or financial
relationship with a participant in the proceeding. A
"participant" includes, but is not limited to, an
owner, shareholder, partner, employee, or agent of
a business entity involved in the proceeding. If a
Public Official is uncertain whether the relationship
justifies recusal, then the Official shall disclose the
relationship to the person presiding over the
proceeding. The presiding officer then shall
determine the extent to which, if any, the Public
Official will be permitted to participate. If the
affected Public Official is the person presiding, then
the vice chair or such other substitute presiding
officer shall make the determination.
c. Other Rules of Conduct
1 . A Public Official shall make a due and diligent effort
before taking any action (such as voting or
participating in discussions with other Public
Officials on a board, commission, or council) to
determine whether he or she has a conflict of interest
or appearance of conflict.
2. A Public Official shall continually monitor, evaluate,
and manage his or her personal, financial, and
professional affairs to ensure the absence of conflicts
of interest and appearances of conflicts.
3. A Public Official shall not accept honoraria except in
accordance with the State Budget Manual, Office of
State Budget and Management, Section 5.
4. A Public Official shall obey all other civil and
administrative requirements and criminal statutes
governing conduct of State government appointees
and employees provided by law.
Section 8. Statement of Economic Interest.
a. Prior to commencement of State service, each of the
following prospective Public Officials shall file with the Board (
of Ethics a sworn Statement of Economic Interest
("Statement"):
1 . Each prospective Public Official being considered for
appointment by the Governor to a board,
commission, or council.
2. Each prospective Public Official being considered for
State employment to a position which is anticipated
to have armual compensation in excess of $40,000
per year.
3. Each prospective Public Official being considered for
appointment or State employment whose proposed
position is determined by the Board to be particularly
susceptible to conflicts of interest.
4. Each prospective Public Official designated under the
provisions of Section 9 below to be subject to the
Statement filing requirements herein.
5. Prospective Members of the Board.
A prospective Public Official required to file a
Statement as provided herein shall not be appointed
or employed prior to submission by the Board of
Ethics of the Board's evaluation of the Statement in
accordance with Section 4.d above.
b. Between April 15 and May 15 of each succeeding year
after the persons identified in "a" above are appointed or
employed, an updated Statement shall be filed with the Board.
c. The Statement shall contain: I
1 . The name, home address, occupation, employer and
business address of the person filing.
2. A list of each asset and liability of whatever nature of
the filing prospective or actual Public Official, and
his or her spouse, with a value of at least $10, OCX).
The valuation of each asset or liability listed shall be
indicated pursuant to the following categories:
At least $10,000 but less than $50,000;
At least $50,000 but less than $100,000;
At least $100,000 but less than $500,000;
At least $500,000 but less than $1,000,000;
In excess of $1,000,000.
This list shall contain, but shall not be limited to,
the following. (As used herein, "Public Official"
shall include prospective and actual Public
Officials.)
(a) All North Carolina real estate owned wholly
or in part by the Public Official or the
Official's spouse.
(1) The listing shall include specific
descriptions adequate to determine the
location of each parcel.
(2) The listing shall include the specific
interest held by the Public Official and
spouse in each identified parcel. j
(b) Real estate that is currently leased or rented to
the State.
1475
NORTH CAROLINA REGISTER
February 16, 1998
12:16
EXECUTIVE ORDER
I
I
•
(c) Personal property sold to or bought from the
State within the preceding two years.
(d) Personal property currently leased or rented to
the State.
(e) The name of each publicly-owned company in
which the value of securities held exceeds
$10,000.
(f) The name of each non-publicly-owned
company or business entity in which the value
of securities or other equity interests held
exceeds $10,000. This subsection (0
includes, but is not limited to, interests held in
partnerships, limited partnerships, joint
ventures, limited liability companies or
partnerships, and closely held corporations.
For each non-publicly-owned company or
business entity listed pursuant to this
subsection (f), the filing Public Official shall
indicate whether the listed company/entity
owns securities or equity interests exceeding a
value of $10,000 in any other companies or
entities. If so, then the other companies or
entities shall also be listed with a brief
description of the business activity of each.
(g) If the filing Public Official, his or her spouse,
or dependent children are the beneficiary of a
trust created, established or controlled by the
Public Official, then the name and address of
the trustee and a description of the trust shall
be provided. To the extent such information
is available to the Public Official, the
Statement also shall include a list of businesses
in which the trust has an ownership interest
exceeding $10,000.
(h) The filing Public Official shall make a good
faith effort to list any individual or business
entity with which the filing Public Official has
a financial or professional relationship
provided:
(1) a reasonable person would conclude
that the nature of the financial or
professional relationship presents a
conflict of interest or the appearance of
a conflict of interest for the Public
Official; or,
(2) a reasonable person would conclude
that any other financial or professional
interests of the individual or business
entity would present a conflict of
interest or appearance of a conflict of
interest for the Public Official.
For each individual or business entity listed
under this subsection, the filing Public
Official shall describe the financial or
professional relationship and provide an
explanation of why the individual or business
entity has been listed.
(i) A list of all other assets and liabilities with a
valuation of at least $10,000, including bank
accounts and debts.
(j) A list of each source (not specific amounts) of
income (including capital gains) shown on the
most recent federal and state income tax
remms of the person filing where $10,000 or
more was received from such source.
(k) If the Public Official is a practicing attorney,
an indication of whether he or she, or the law
firm with which the Public Official is
affiliated, earned legal fees during any single
year of the past five years in excess of ten
thousand dollars ($10,000) from any of the
following categories of legal representation:
(1) Criminal Law;
(2) Utilities regulation or representation of
regulated utilities;
(3) Corporation Law;
(4) Taxation;
(5) Decedent's estates;
(6) Labor Law;
(7) Insurance Law;
(8) Administrative Law;
(9) Real property;
(10) Admiralty;
(11) Negligence (representing plaintiffs);
(12) Negligence (representing defendants);
or
(13) Local Government.
(1) A list of all non-publicly owned businesses
with which, during the past five years, the
Public Official has been associated, indicating
the time period of such association and the
relationship with each business as an officer,
employee, director, partner, or owner. The
list also shall indicate whether or not each
does business with, or is regulated by, the
State and the nature of the business, if any,
done with the State.
(m) A list of all gifts of a value of more than $200
received during the twelve months preceding
the date of the Statement from sources other
than the Public Official's family, and a list of
all gifts valued in excess of $100 received
from any source having business with, or
regulated by, the State.
(n) A list of all bankruptcies filed during the
preceding five years by the Public Official, the
Official's spouse, or any entity in which the
Public Official or spouse has been associated
financially. A brief summary of the facts and
circumstances regarding each listed
bankruptcy shall be provided.
3. In addition to the foregoing, the filing Public Official
shall provide in his or her Statement any other
information which a reasonable person would
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1476
EXECUTIVE ORDER
conclude is necessary either to carry out the purposes
of this Order or to fully disclose any potential
conflict of interest or appearance of conflict. If a
Public Official is uncertain of whether particular
information is necessary, then the Public Official
shall consult the Board for guidance.
4. Each Statement of Economic Interest shall contain a
sworn certification by the filing Public Official that
he or she has read the Statement and that, to the best
of his or her knowledge and belief the Statement is
true, correct, and complete. The Public Official's
sworn certification also shall provide that he or she
has not transferred, and will not transfer, any asset,
interest, or other property for the purpose of
concealing it from disclosure while retaining an
equitable interest therein.
c. The Board shall issue a form for such Statements
of Economic Interest no later than February 1,
1998, and shall revise the form from time to time
as necessary to carry out the purposes of this
Executive Order.
d. All Public Officials currently serving who
submitted a Statement of Economic Interest under
Executive Order Number 1 shall resubmit a new
Statement in accordance with the provisions of
this Order. These Statements shall be resubmitted
within thirty days of the Public Official's receipt
of the form described in "c" above. Between
April 15 and May 15 of each succeeding year.
Public Officials under this subsection shall file an
updated Statement with the Board.
Section 9. Other Principal State A gencies and Le gislative
Officials.
Each of the elected heads of the Council of State agencies
(Lieutenant Governor, Secretary of State, State Auditor, State
Treasurer, State Superintendent of Public Instruction, Attorney
General, Commissioner of Agriculture, Commissioner of
Labor, and Commissioner of Insurance), the Board of
Governors of the University of North Carolina System, the
President Pro Tempore of the North Carolina Senate, and the
Speaker of the North Carolina House of Representatives may
and hereby are invited to participate in this Executive Order.
Those desirous of participating shall notify the Chair of the
Board in writing. The notification shall specify the employees
(exempt from the State Personnel Act) and appointees who shall
become Public Officials under this Order. The notification also
shall specifically identify those appointees and employees who
shall submit a Statement of Economic Interest. All services of
the Board available to the Governor under this Order shall be
available to each of the heads of the participating Agencies. All
services of the Board available to Public Officials under this
Order shall be available to those brought within the coverage of
this Order under this Section.
Section 10. Sanctions.
a. Public Officials serving on boards, commissions, or
councils.
The North Carolina General Statutes provide that certain
appointees to boards, commissions, and councils may be
removed from office for misfeasance, malfeasance, or
nonfeasance. The failure of any Public Official serving on a
board, commission, or council to comply with this Order is
hereby deemed to be misfeasance, malfeasance, or nonfeasance
as used in the General Statutes. In the event of misfeasance,
malfeasance, or nonfeasance, the offending Public Official shall
be subject to removal from the board, commission, or council
of which he or she is a m.ember. For gubernatorial appointees,
the Governor shall determine whether to remove the Public
Official. For all other appointees, the appointing authority
shall exercise the discretion of whether to remove the offending
Public Official.
b. Public Officials serving as State employees.
The provisions within this Executive Order are hereby
deemed to be written work rules. The failure of any Public
Official to comply with this Order shall be a violation of a
written work rule thereby permitting disciplinary action as
allowed by North Carolina law, including termination from
employment. Except for State employees brought under the
terms of this Order pursuant to Section 9, the Governor shall
make all final decisions on the manner in which offending
Public Official State employees shall be disciplined. For State
employees subject to this Order pursuant to Section 9, the
elected or appointed head of the Agency in which the Public
Official State employee works shalt determine whether and
what disciplinary action shall be taken.
c. Sanctions issued by the Board of Ethics
If the Board of Ethics determines, after proper review and
investigation, that such action is appropriate, the Board may
issue any of the following sanctions against a Public Official.
1 . Warning. The Board may issue a warning if a non-
serious violation of this Order has been committed
about which the offending Public Official neither had
knowledge nor reasonably could be expected to have
known.
2 . Reprimand. The Board may issue a reprimand if a
non-serious violation of this Order has been
committed about which the offending Public Official
knew or should have known.
3. Censure. The Board may issue a censure if a serious
violation of this Order has been committed,
regardless of whether the offending Public Official
knew or should have known of the violation.
d. Recommendations by the Board of Ethics.
If the Board of Ethics determines, after proper review and
investigation, that such action is appropriate, the Board may
recommend any action it deems necessary, including removal
of the Public Official from his or her State position, to properly
address and rectify any violation of this Order by a Public
Official. The Board of Ethics shall make referrals to
appropriate law enforcement agencies for investigation if
possible criminal conduct is discovered. As it deems necessary
and proper, the Board may make referrals to appropriate State
officials for investigation of wrongful conduct by State
1477
NORTH CAROLINA REGISTER
February 16, 1998
12:16
EXECUTIVE ORDER
I
employees or appointees regardless of whether the individual is
a Public Official under this Order.
Section 11. Board Staff. Offices, and Funding .
a. The Board shall have a minimum staff of three, one
Executive Director who shall be an attorney, and two
administrative assistants. One of the administrative assistants
also shall function as a research associate to the Executive
Director. The other administrative assistant shall provide
clerical assistance to the Executive Director and other Board
staff.
b. The Board shall engage the services of private
investigators as needed to carry out the purposes of this
Executive Order.
c. All State agencies subject to this Executive Order shall
provide reasonable assistance upon request of the Board to
carry out the purposes of this Order.
d. The Board and its staff, for administrative purposes only,
shall be located in the Department of Administration.
e. The State Budget Officer is directed to identify sufficient
funds from lawfully appropriate sources to ensure that all
provisions of this Executive Order are fully carried out.
Section 12. Effective Date.
This Executive Order is effective immediately and shall
remain in effect until rescinded.
Done in the Capital City of Raleigh, North Carolina, this the
16thday of January, 1998.
I
•
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1478
IN ADDITION
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier
of Rules for publication.
c
MUNICIPAL INCORPORATIONS
On Januar}' 7, 1998, the Joint Legislative Commission on Mimicipal Incorporations received a petition requesting the
incorporation of the Town of Hemby Bridge in Union County. A copy of the petition is available from Gerry Cohen, Commission
Counsel, 401 Legislative Office Building, 300 North Salisbury Street, Raleigh, NC 27603-5925, phone 919-733-6660, fax 919-715-
5459, e-mail GERRYC@MS.NCGA.STATE.NC.US
G.S. 120-165(A) provides "The Commission shall publish in the North Carolina Register notice diat it has received the petition. "
(
1479 NORTH CAROLINA REGISTER February 16, 1998 12:16
IN ADDITION
U.S. Department of Justice
Civil Rights Division
BLL;DHH:DCB:jdp
DJ 166-012-3
97-3887
Voting Section
PO. Box 66128
Washington, D.C 20035-6128
December 31, 1997
Susan K. Nichols, Esq.
Special Deputy Attorney General
P.O. Box 629
Raleigh, North Carolina 27602-0629
Dear Ms. Nichols:
This refers to Title 8, Chapter 4 (1976) of the Administrative Code, which regulates the use of voting equipment and
specifies the ballot format for the State of North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting
Rights Act, 42 U.S.C. 1973c. We received your submission on December 9, 1997.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement
of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information
that would otherwise require an objection comes to our attention during the remainder of the sixty-day review period, see the
Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Since the Section 5 stams of Title 8, Chapter 4, is before the court in Sutherland v. Hunt, we are providing a copy of this
letter to the court and counsel of record in that case.
Sincerely,
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
By:
Elizabeth Johnson
Chief, Voting Section
cc: The Honorable James A. Beaty, Jr.
District Coun Judge
Robert N. Hunter Jr., Esq.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1480
IN ADDITION
(
U.S. Department of Justice
Civil Rights Division
BLL:VLO:DCB:emr Voting Section
DJ 166-012-3 PO. Box 66128
97-2246 Washington, D. C 20035-6128
January 2, 1998
Michael Crowell, Esq.
Tharrington Smith
P. 0. Box 1151
Raleigh, North Carolina 27602-1151
Dear Mr. Crowell:
This refers to the 1997 redistricting plan for Craven County, North Carolina, submitted to the Attorney General pursuant
to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your response to our September 29, 1997, request for /
additional information on November 3, 1997. V^
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the
change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
By:
Elizabeth Johnson
Chief, Voting Section
c
1481 NORTH CAROLINA REGISTER February 16, 1998 12:16
RULE-MAKING AGENDA
An agencx max choose to publish a nde-making agenda which senes as a notice of rule-making proceedings if the
agenda includes the information required in a notice of nde-making proceedings. The agency must accept comments on
the agenda for at least 60 days from the publication date. Statutory reference: G.S. 1 508-21. 2.
TITLE 15 A - DEPARTMENT OF ENVIRONMENT
AND NATUR\L RESOURCES
This supplemental agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from February
16, 1998 through April 17, 1998: Environmental Management Commission - to rules codified in 15A NCAC 2D & 2Q;
Commission for Health Services - to rules codified in 15A NCAC 18A; and Department of Environment and Natural Resources -
to rule codified in 15A NCAC 10.
DENR Regulatory Agenda Index - January 26, 1998
AIR QUALITY
APA#
SUBJECT
E2385
Air Cunain Burners
E2386
Exclusionary Rule for Peak
Shavers
E2387
Definitions
E2388
Reporting and Recordkeeping
E2389
Information
E2440
Control of Emissions from
Incinerators
E244I
Ozone ambient air quality
standard
E2442
PMIO & PM2.5 ambient air
quality standards
E2443
Definitions
E2444
Activities Exempted from Permit
Requirements
E2445
Petition for Alternative Controls
RULE CITATION ff
15ANCAC2D .1903, .1904
15A NCAC 2Q .0808 (New Rule)
15ANCAC2Q .0103
15A NCAC 2D .1204
15ANCAC2Q .0107
15A NCAC 2D .1200
15A NCAC 2D .0405
15A NCAC 2D .0409 and .0410 (new)
and 2D .0101 (possibly)
15A NCAC2Q .0103
15A NCAC 2Q .0102
15A NCAC 2D .0952
ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY
APA # SUBJECT RULE CITATION If
A3474 Delegation of Authority to 15A NCAC 10 .0101 - .0109
Enforce Rules
These rules will be
filed as temporary
rules.
H6835
Water Supplies
15A NCAC 18A .1720 (c)(2)(L)
This rule will be filed as a
temporary rule.
ENVIRONMENTAL HEALTH/HEALTH SERVICES
APAt SUBJECT RULE CITATION #
H6836 An Act to Enhance and Improve 15A NCAC 18A .2801
Child Care in North Carolina
.2836
DENR Regulatory Agenda - January 26, 1998
APA #: A3474
SUBJECT; Delegation of Authority to Enforce Rules
RULE CITATION #: 15A NCAC 10 .0101 - .0109
STATUTORY AUTHORITY: G.S, 130A-4
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1482
RULE-MAKING AGENDA
DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY
DIVISION CONTACT: Malcolm Blalock
DIVISION CONTACT TEL#: (919)715-0929
DATE INITIATED: 1/22/98
DURATION OF RULE: Temporary 3/1/98
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
These rules will replace rules which are currently in effect that have been targeted by the Rules Review Commission to
be invalidated at it's February meeting. The proposals were originally adopted by the Commission for Health Services
(November 14, 1997) and considered by the Rules Review Commission on Januarj' 15, 1998. The Rules Review
Commission objected to all of the rules except .2305, .2306, and .2309 on the basis that the Commission for Health
Services does not have the statutory authority to adopt rules governing the delegation of authority to enforce it's rules.
Because there must be a rational basis for granting or denying authorization for a local health department environmental
health specialist to enforce the Commission's rules, the proposed rules must be adopted as temporary rules.
SCOPE/NATURE/SUMMARY :
The proposed rules regulate the delegation of authority for local health department environmental health specialists to
enforce rules of the Commission for Health Services as an agent of the State.
The proposed rules specifically set the requirements for the scope of delegated authority, set the eligibility requirements
for delegations to be made, set the requirements regarding lapsed delegations, set the requirements for agents serving as
contractors, set the conditions for denial suspension or revocations, set the requirements for re-authorization, and the
appeals process.
APA #: E2385
SUBJECT: Air Curtain Burners
RULE CITATION #: 15A NCAC 2D . 1903, . 1904
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5), (10); 143-215.66; 143-215.108
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT lEU: (919)733-1489
DATE INITIATED: 9/15/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To revise the opacity standard in 15A NCAC 2D .1904, Air Curtain Burners, and to revise requirements for temporary
air curtain burners.
SCOPE/NATURE/SUMMARY :
Rule 15A NCAC 2D .1904 currently requires air curtain burners to meet a 5 percent opacity standard except during
start-up. Recent experience with air curtain burners suggests that this opacity standard may be too low. Consideration
is being given to raising it.
Other changes being considered for this rule deals with temporary air curtain burners. Consideration is being given to
exempt temporary air curtain burners that do no require a permit and that comply with Subparagraph (b)(2) of 15A NCAC
2D .1903, Permissible Open Burning Without a Permit, from the opacity standards and the need to have a certified opacity
reader. The rationale for this change is that such burning could be done without an air curtain burner. However, air
cimain burners, even if they do not comply with the opacity standard of 15 A NCAC 2D .1904, will usually bum material
cleaner than open burning.
APA §: E2386
SUBJECT: Exclusionary Rule for Peak Shavers
RULE CITATION #: 15A NCAC 2Q .0808 (New Rule)
1483 NORTH CAROLINA REGISTER February 16, 1998 12:16
RULE-MAKING AGENDA
STATUTORY AUTHORITY: G. S. 143-215. 3(a)(1); 143-215. 107(a)(10); 143-215.65; 143-215.108
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 9/15/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: Local
REASON FOR ACTION :
To adopt an exclusionary rule for peak shaving generators so that they can avoid Title V permit procedures and
requirements without having to take permit restrictions.
SCOPE/NATURE/SUMMARY :
A new rule may be added to Section 15A NCAC 2Q .0800, Exclusionary Rules, to add an exclusionary rule for peak
shaving generators. As an alternative. Rule 15A NCAC 2Q .0807, Emergency Generators, may be amended to incorporate
peak shaving generators. The purpose of exclusionary rules is to define certain types of facilities as small based on
throughput or usage. A facility that is below the level specified in an applicable exclusionary rule and complies with the
requirements of the rule can avoid the Title V permitting process without having to take permit limits.
The level specified for peak shaving generators may be either in terms of energy production or fuel usage. If energy
productions is used, the level would be set at about 6,500,000 kw-hr in any 12-month period. (Note: This number may
change upon further evaluation.) If fuel consumption is used, the levels would be similar to those in 15A NCAC 2Q
.0807.
APA #: E2387
SUBJECT: Definitions
RULE CITATION #: 15A NCAC 2Q .0103
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1)' 143-215. 107(a)(4); 143-215.108
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 9/15/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To add a definition for sawmill to Rule 15A NCAC 2Q .0103, Definition.
SCOPE/NATURE/SUMMARY :
Rule 15A NCAC 2Q .0102, Activities Exempted from Permit Requirements, exempts sawmills that saw no more than
2,000,(XX) board feet per year. A disagreement has arisen over what a sawmill is; the term is not currently defined in the
rules.
The definition being considered would defme a sawmill as a place or operation where logs are sawed into lumber and that
consists of one or more of these activities: debarking, sawing, and sawdust handling. Activities that are not considered
part of a sawmill include sanding, planing, routing, lathing, and drilling.
Debarking, sawing, and sawdust handling were the activities considered in developing the exemption level. Other
activities were not considered. Therefore, these are the types of activities that should be exempted under the sawmill
exemption. If the definition of sawmill is extended to cover other types of activities, the exemption level in 15A NCAC
2A .0102 may have to be reduced.
APA #: E2388
SUBJECT: Reporting and Recordkeeping
RULE CITATION #: 15A NCAC 2D .1204
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4), (5)
DIVISION/SECTION: AIR QUALITY
12:16 NORTH CAROLINA REGISTER February 16, 1998 1484
RULE-MAKING AGENDA
(
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 9/15/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To correct the test method referenced in Rule ISA NCAC 2D .1204, Reporting and Recordkeepmg, for mercury.
SCOPE/NATURE/SUMMARY :
The test method for mercury referenced in Rule 15A NCAC 2D .1204 for municipal waste combusters is incorrect. The
rule needs to be amended to reference the correct test methods, which are Methods 101 and 101 A of 40 CFR Pan 61,
Appendix B.
APA #: E2389
SUBJECT: Confidential Infomiation
RULE CITATION #: 15A NCAC 2Q .0107
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 3C
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thomas Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 9/15/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To revise Rule 15A NCAC 2Q .0107, Confidential Information to allow more time to make confidentiality determination.
SCOPE/NATURE/SUMMARY :
Rule 15A NCAC 2Q .0107 currently allows the Director of the Division of Air Quality 90 days to make a preliminary
determination whether or not information should be treated as confidential. Consideration is being given to extend this
period 180 days or some other period because of the number of requests received and to improve the quality of the
determinations.
APA It: E2440
SUBJECT: Control of Emissions from Incinerators
RULE CITATION ft: 15A NCAC 2D .1200
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(1), (3), (4), (5), (10);
143-215.65;143-215.66
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thorn Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 12/22/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: Local State ^
REASON FOR ACTION :
To adopt new federal requirements for existing medical waste incinerators.
SCOPE/NATURE/SUMMARY :
Section 15A NCAC 2D .1200, Control of Emissions from Incinerators, is proposed to be amended to incorporate new
federal requirements for medical waste incinerators. These requirements are in 40 CFR 60, Subpart Ce, Emission
Guidelines and Compliance Schedules for Hospital, Medical, and Infectious Waste Incinerators (HMIWI), promulgated
September 15. 1997. They apply to HMIWI built on or before June 20, 1996. /
A state plan needs to be submitted within one year of the promulgation date of EPA's final rule. The plan is to include ^
provisions to implement and enforce the emission guidelines. To accomplish this, the current medical waste incinerator
1485 NORTH CAROLINA REGISTER February 16, 1998 12:16
(
RULE-MAKING AGENDA
rules are proposed to be amended to incorporate the emission limits, operating practices, operator training and
certification, compliance and performance testing, reporting and recordkeeping, compliance schedules, and other
requirements of the emission guidelines.
APA ft: E2441
SUBJECT: Ozone ambient air quality standard
RULE CITATION #: 15A NCAC 2D .0405
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3)
DIVISION/SECTION: AIR QUALITY
DATE INITIATED: 12/22/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
DIVISION CONTACT: Thom Allen
DIVISION CONTACT TEL#:(919)733-1489
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To adopt the new National Air Quality Standard for Ozone.
SCOPE/NATURE/SUMMARY :
The Environmental Protection Agency promulgated a new ambient air quality standard for ozone in the July 18, 1997,
Federal Register. The new standard is 0.08 parts per million (ppm), daily maximum eight-hour average. Compliance with
the standard is met at an ambient air quality monitoring site when the three-year average of the annual fourth-highest daily
maximum eight-hour average ozone concentration is less than or equal to 0.08 ppm. Rule 15A NCAC 2D .0405, Ozone,
is proposed to be amended to replace the current standard of 0.12 ppm, maximum hourly average, with the new 0.08 ppm,
daily maximum eight-hour average.
APA tt: E2442
SUBJECT: PMIO & PM2.5 ambient air quality standards
RULE CITATION #: 15A NCAC 2D .0409 and .0410 (new) and 2D .0101 (possibly)
STATUTORY AUTHORITY: G.S. 143-215. 3(aj( 1); 143-215. 107(a)(3)
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thom Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 12/22/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To adopt the new National Ambient Air Quality Standard for PM2.5, fme particulate matter, and to revise method for
determining compliance with the ambient air quality standard for PMIO, coarse particulate matter.
SCOPE/NATURE/SU.M.MARY :
The Environmental Protection Agency promulgated new ambient air quality standards for particulate matter in the July
18, 1997, Federal Register. TTiese new standards are for particulate matter with an aerodynamic diameter of 2.5 microns
or less, which is generally referred to as PM2.5 or fine particulate matter. The new PM2.5 standards are 15 micrograms
per cubic meter based on the three-year average of annual arithmetic average mean PM2.5 concentrations from single or
multiple community-oriented monitors and 65um/m3 based on the three-year average of the 98th percentile of 24-hour
P.M2.5 concentrations at each population-oriented monitor within an area.
Rule 15A .N'CAC 2D .0409, Paniculate .Matter, would be amended to change the way that compliance with the PMIO
standards is determined. (P.MIO is particulate matter with and aerodynamic diameter of 10 microns or less.) Compliance
with the P.MIO standard will be based on the 99th percentile of 24-hour PMIO concentration at each monitor.
Rule 15A .NCAC 2D 0101, Definitions, may be amended to add definitions related with the new PM2.5 standards.
APA ft El^^'i
SLBJECT Definitions
12:16 NORTH CAROLINA REGISTER Eehruury 16, l'J9H I4H6
RULE-MAKING AGENDA
RULE CITATION #: 15A NCAC 2Q .0103
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-212;143-213
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thorn Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 12/22/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To add a definition to 15A NCAC 2Q .0103, Definitions, to define particulate matter as PMIO.
SCOPE/NATURE/SUMMARY :
Rule 15A NCAC 2Q .0103 defmes terms used in the permitting procedure rules. The particulate matter of concern under
the permitting rules is PMIO because PMIO is the particulate used to determine Title V permitting applicability. The
definition would not change the fact that the emission standards in Subchapter 15 A NCAC 2D, Air Pollution Control
Requirements, are and will continue to be in terms of total suspended particulates.
APA ft: E2444
SUBJECT: Activities Exempted from Permit Requirements
RULE CITATION #: 15A NCAC 2Q .0102
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thom Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 12/22/97
DURATION OF RULE: Permanent
STAGE OF DEVELOPMENT: Concept Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To clarify and revise the permit exemption for perchloroethylene dry-cleaning and powder coating.
SCOPE/NATURE/SUMMARY :
Rule 15A NCAC 2Q .0102, Activities Exempted from Permit Requirements, would be amended to clarify and revise the
permit exemption for perchloroethylene dry-cleaning and powder coating.
The perchloroethylene dry-cleaning exemption would be changed to exempt dry-cleaners that emit less than 13,000 pounds
per year of perchloroethylene instead of exempting dry-cleaners that consume 13,000 pounds per year of
perchloroethylene. Data show that dry-cleaners consume more perchloroethylene than they emit. (Under the toxic air
pollutant rules, a soiu'ce may emit up to 13,000 pounds per year of perchloroethylene without a permit under the air toxic
rules.) The equivalent gallonage would be deleted to eliminate possible confusion.
The permit exemption for electrostatic dry powder coating operations suggests that a curing oven must be part of the
operation to qualify for this exemption. The change would clarify that a curing oven is not required for this exemption.
However, if a curing oven is part of the operation, it must have a heat input of less than 10,000,000 Btu per hour for the
coating operation to qualify for this exemption. (10,000,000 Btu per hour is the size in the current rule.)
APA #: E2445
SUBJECT: Petition for Alternative Controls
RULE CITATION #: 15A NCAC 2D .0952
STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5)
DIVISION/SECTION: AIR QUALITY
DIVISION CONTACT: Thom Allen
DIVISION CONTACT TEL#: (919)733-1489
DATE INITIATED: 12/22/97
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Concept Stage
1487 NORTH CAROLINA REGISTER February 16, 1998 12:16
(
(
(
RULE-MAKING AGENDA
#
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
To revise 15A NCAC 2D .0952, Petition for Alternative Controls, to make procedure contained in this Rule available to
future ozone nonattainment areas without being amended each time a new area is declared nonattainment for ozone.
SCOPE/NATURE/SUMMARY :
Rule 15A NCAC 2D .0952 provides procedures whereby a source may petition the Director of the Division of Air Quality
to use a control technology that differs from that required by an applicable rule in Section 15A NCAC 2D .0900, Volatile
Organic Compounds. This Rule is a revision of earlier rule written for the original ozone nonattainment areas in the late
1970's. The current rule was written for the ozone nonattainment areas of the early I990's and for the current ozone
maintenance areas. In anticipation of new ozone nonattainment areas, an amendment to this rule is being considered to
make it available to future ozone nonattainment areas without having to be amended every time a new ozone nonattainment
area comes into being.
APA /f: H6835
SUBJECT: Water Supplies
RULE CITATION #: 15A NCAC 18A .1720 (c)(2)(L)
STATUTORY AUTHORITY: G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257
DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY
DIVISION CONTACT: Malcolm Blalock
DIVISION CONTACT TEL#: (919)715-0929
DATE INITIATED: 1/21/98
DURATION OF RULE: Temporary 3/1/98
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
The current rule creates a situation where a well constructed after July 1, 1993 which meets the setback requirements for
a single family residence foimd in 15A NCAC 2C .0100 "Well Construction Standards" does not comply with the current
rule as it applies to the regulation of family foster homes and therapeutic foster homes. The proposed amendment will
make the setback requirements consistent in the two sets of rules.
SCOPE/NATURE/SUMMARY :
The proposed amendment will impact those wells drilled after July 1 , 1993 which are located between 25 and 50 feet from
a building foundation and are serving or proposed to serve a family foster home or therapeutic foster home.
The proposed amendment changes the requirement from 50 feet to 25 feet, making it consistent with other rules within
DENR.
APA #: H6836
SUBJECT: An Act to Enhance and Improve Child Care in North Carolina
RULE CITATION #: 15A NCAC 18A .2801 - .2836
STATUTORY AUTHORITY: G.S. 110-85
DIVISION/SECTION: ENVIRONMENTAL HEALTH/Health Services
DIVISION CONTACT: Ed Norman
DIVISION CONTACT TEU: (919)715-3293
DATE INITIATED: 1/26/98
DURATION OF RULE: Permanent
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
SCOPE/NATURE/SUMMARY :
These rules provide clarification and conformity with recently adopted legislation governing the Sanitation of Child Care
Centers. New definitions that are used throughout these rules (15A NCAC .2801 - .2836) are provided under an amended
15A NCAC .2801. Clarification of two other major changes (domestic versus commercial kitchen equipment and the use
of commercial hood ventilation systems when frying foods) under G.S. 1 10-85 are addressed in 15A NCAC ISA .2801 -
Definitions and 15A NCAC 18A .2810 - Specifications for Kitchens.
12:16 NORTH CAROLINA REGISTER February 16, 1998 1488
RULE-MAKING PROCEEDINGS
A Notice of Rule-making Proceedings is a siaiement of subject matter of the agency's proposed rule making. The agency-
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a
nde. Publication of a temporary nde serx'es as a Notice of Rule-making Proceedings and can be found in the Register under
the section heading of Temporary Rules. A Rule-making Agenda published by an agency senes as Rule-making Proceedings
and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G. S. 150B-21 . 2.
TITLE 15 A - DEPARTMENT OF ENVIRONMENfT
AND NATURAL RESOLUCES
adopted Critical and Protected Areas. The effective date of the
reclassification is expected to be April 1, 1999.
CHAPTER 2 - ENVIRONMENTAL MANAGEMENT
A Totice of Rule-making Proceedings is hereby given by the
1 y DENR - Environmental Management Commission in
accordance with G.S. 150B-21.2. The agency shall
subsequently publish in the Register the text of the rule it
proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
15A NCAC 2B .0308. Other rules may be proposed in the
course of the rule-making process.
Authority for the rule-making: G.S. 143-214.1; 143-215.1;
143-21 5. 3 (a)(1)
Statement of the Subject Matter: Proposed reclassification
of Lookout Shoals Lake in Alexander, Catawba, and Iredell
Counties from Class WS-V to Class WS-IV and WS-IV CA
(Critical Area).
Reason for Proposed Action: The City of Statesville has
requested that Lookout Shoals Lake in Alexander, Catawba,
and Iredell Counties (Catawba River Basin) be reclassified to
the appropriate water supply classification based on the
location that has been chosen for a new water supply intake for
Statesville. The selected intake site is just inside Iredell
County, approximately two miles south of where Alexander,
Catawba, and Iredell Counties share a common border.
Lookout Shoals Lake currently carries the primary
classifications WS (Water Supply) - V and WS-IV and the
supplemental classification B (Primary Recreation). The
Division of Water Quality proposes to reclassify Lookout Shoals
Lake to WS-IV and WS-IV CA (Critical Area; defined as the
area 'A half mile and draining to a water supply intake). The
supplemental B classification would not be affected. The City
of Hickory and Alexander, Catawba, and Iredell Counties have
land use jurisdiction within the affected area. The proposed
reclassification to Classes WS-IV and WS-IV CA would require
the affected local governments to revise their drinking water
supply maps within 120 days after receiving notice by the State
that the reclassification has become effective. Once the
reclassification becomes effective the state would apph the
appropriate requirements that affect the permitting of landfills,
residual application sites and wastewater discharges within the
Comment Procedures: The purpose ffthe announcement is to
encourage those interested in this proposal to provide written
comments. It is very important thai all interested and
potemially affected persons or parties make their views known
to the Emironmental Management Commission (EMC) whether
in favor or opposed to any and all provisions of the proposal
being noticed. Written comments may be submitted to: Liz
Kovasckitz, DENR/Division of Water Quality, Planning
Branch, P.O. Box 29535, Raleigh, NC 27626-0535. (919)
733-5083, extension 572.
CHAPTER 7 - COASTAL MANAGEMENT
A Ibtice of Rule-making Proceedings is hereby given by the
1 y ENR - Coastal Resources Commission in accordance with
G.S. 150B-21.2. The agency shall subsequently publish in the
Re gister the text of the rules it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
15A NCAC 7H . 0308, . 1 705. Other rules may be proposed in
the course of the rule-making process.
Authority for the rule-making: G.S. I13A-107: I13A-113(b);
113A-124
Statement of the Subject Matter: Replacement of permitted
sandbags and temporary erosion control for a large structure
and multiple buildings on the same property.
Reason for Proposed Action: Tlie proposed rules will allow
replacement of sandbags within their permitted dimensions
within the time period originally authorized by a CAMA permit,
the incremental protection of a large structure and the
protection of multiple buildings on the same property. This
action is in response to a contested case hearing decision
involving replacement of sandbags that were protecting several
oceanfront structures.
Comment Procedures: Contact Charles Jones, 151-B Hwy 24,
Morehead City, NC 28570, (919) 808-2808.
1489
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
This Section contains the text of proposed niles. At least 60 days prior to the publication of text, the agency published a
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5, 000, 000) . Statutory
reference: G.S. 150B-21.2.
TITLE 21 - OCCUPATIONAL LICENSING
BOARDS
CHAPTER 50 - BOARD OF EXAMINERS OF
PLUMBING, HEATING AND nRE
SPRINKLER CONTRACTORS
Notice is hereby given in accordance with G.S. 150B-21.2
that the State Board of Examiners of Plumbing, Heating
and Fire Sprinkler intends to amend rules cited as 21 NCAC 50
.0301, .0306, .0404 - .0405, .0510, .1102, .1104; adopt
.0511. Notice of Rule-making Proceedings was published in
the Register on October 1, 1997.
Proposed Effective Date: June 11, 1998
A Public Hearing will be conducted at 8:30 a.m. on March 3,
1998 at the State Board of Examiners of Plumbing, Heating
and Fire Sprinkler Contractors. 3801 Wake Forest Road, Suite
201, Raleigh, NC 27609.
Reason for Proposed Action:
21 NCAC 50 .0301 - 1997 General Assembly created a new
license category. This Rule is being rewritten to accommodate
this change.
21 NCAC 50 .0306 - H.B. 408 and SB. 996 required the
provision of a different license classification for persons
engaged in fuel piping to plumbing or heating equipment.
Licenses are to be issued beginning April 15, 1998. This Rule
specified the experience requirement for the fuel piping license.
consistent with the existing rule for plumbing or heating license
and reorganizes the text of the rule.
21 NCAC 50 .0404 - 1997 General Assembly created a new
license classification. This change accommodates the
legislation and simplifies the text without change of meaning.
21 NCAC 50 .0405 - Rule change clarifies without change in
interpretation.
21 NCAC 50 .0510 - 1997 General Assembly created a
different license category. This Rule is being rewritten to
accommodate the change and simplify the text.
21 NCAC 50 .0511 - The 1997 General Assembly, by HB 408
and SB 996 created a different license classification for fuel
piping. This Rule defines the term fuel piping and the scope of
the work included within this category so as to carry out the
legislative mandate.
21 NCAC 50 .1102 - 1997 General Assembly created a new
license category. This Rule is being rewritten to accommodate
this change.
21 NCAC 50 .1104 - 1997 General Assembly amended G.S. 25-
3-506 to change the allowable charge for returned checks. This
Rule is designed to rely upon the maximum set by the General
Assembly, reducing future rule-making.
Comment Procedures: Written comments may be submitted to
the Board on or before, March 18, 1998, at State Board of
Examiners of Plumbing, Heating and Fire Sprinkler
Contractors, 3801 Wake Forest Rd., Suite 201, Raleigh, NC
27609, Attn: T. L. Phillips, Executive Director. Persons who
commented at or afier the prior hearing on these rules on
November 19, 1997, should understand the Board will consider
those comments as well.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds. These Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
SECTION .0300 - EXAMINATIONS
.0301 QUALinCATIONS DETERMINED
BY EXAMINATION
(a) In order to determine the qualifications of an applicant,
the Board shall provide a written examination in the following
categories:
Plumbing Contracting, Class I
Plumbing Contracting, Class II
Heating, Group No. 1 - Contracting, Class I
Heating, Group No. 1 - Contracting, Class II
Heating, Group No. 2
Heating, Group No. 3
Heating, Group No. 3
Fuel Piping
(b) Each applicant shall be required to read, interpret and
provide written answers to all parts of the examinations
required by G.S. 87-21(b), except during oral examinations
provided pursuant to G.S. 87-2 1(b).
(c) Applicants for licensure as a fire sprinkler contractor
other than pursuant to G.S. 87-2 1(h) must submit evidence of
current certification by the National Institute for Certification
and Engineering Technology (NICET) for Fire Protection
Engineering Technician, Level III, subfield of Automatic
Sprinkler System Layout as the prerequisite for licensure.
Current certification by NICET is in lieu of separate
examination conducted by the Board.
Authority G.S. 87-18; 87-21 (a); 87-21 (b).
.0306 APPLICATIONS: ISSUANCE OF
LICENSE
(a) All applicants for regular examinations shall file an
Contracting, Class I
Contracting, Class I
Contracting, Class II
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1490
PROPOSED RULES
application in the office of the executive secretary' on or before
the date set out on the examination application form, which
date shall be no more than 60 days prior to the examination.
(b) Applicants for each plumbing or heating examination
shall present evidence at the time of application on forms
provided by the Board to establish two years on-site full-time
experience in the installation, maintenance, service or repair of
plumbing or heating systems related to the category' for which
license is sought, whether or not license was required for the
work performed. One year of experience in the design or
installation of fuel piping is required for fuel piping license.
Practical experience should directly involve plumbing, heating
or fuel piping and may include work as a field superintendent,
project manager, journeyman, mechanic or plant siationan'
operator directly involved in the installation, maintenance,
service or repair of such systems. Work as a local government
inspector of plumbing or heating systems while qualified b\ the
Code Officials Oualification Board, work as a field
representative of this Board or work by a graduate of an ABET
accredited engineering or engineering technology program with
direct on-site involvement with plumbing or heating system
construction, construction super\'ision. plant engineering or
operation ma\' utilize such work as evidence of practical
experience: provided that Board members and employees may
not sii for examination during their tenure with the Board.
After review, the Board may request additional evidence. Up
to one-half the experience may be in academic or technical
training directly related to the field of endeavor for which
examination is requested. The Board shall pro rate part-time
work of less than 40 hours per week or part-time academic
work of less than 15 semester or quarter hours or work which
involves the kinds of work set out hereafter only part of the
time. P r ac t i c al ex pe ri e nce should di r ec t ly involve p lumbing o r
hea t ing — sys t ems — snA — may — include — wo r k — as — a — ftcM
su per in te nd e n t , p rojec t manager, j o urneyman, mechanic o r
p lan t s t ationary op e r a to r di r ecth ' involved in the installa t ion,
main t enance, ser - vi c e or r e p ai r of such sys t ems. — Work as a
local gov e rnm e nt ins p ec t or of p lumbing o r h e a t ing syst e ms
while qualified by the Code Officials Qualifica t ion Board, wo r k
as a field representa t ive o f this Board or wo r k by a g r adua t e of
an ABET acc re di te d enginee r ing or e ngineering technology Authorin G.S. 87-18; 87-21 (a)(5); 87-21 (a)(6); 87-26.
program with di re c t on-site involv e ment wi t h p lumbing o r
heating sys t em c o ns tr uction, constmciion supe r vision, plan t
engineering or op er a t ion may u t ilize such work as evidence of
pr ac t i c al — ex p e r ience: — pr ovid e d — that — Board membe r s — and
employees may no t si t for examination du r ing t h e ir t e nur e with
t he B o ard.
(c) Applicants who obtain a license will receive a certificate
issued by the Board, bearing the license number assigned to the
qualifying individual.
(d) Fire Sprinkler contractors will meet experience
requirements in accordance with NICET examination criteria.
Authority- G.S. 87-18; 87-21 (b).
SECTION .0400 - GENERAL PROCEDURES
.0404 ACTIVE EMPLOYMENT
(a) In each separate place of business or branch thereof
operated by a contractor licensed by the Board, there shall be
on active on-site employment a person licensed in accordance
with the provisions of G.S. 87. Article 2 and whose duties are
to supervise all installations falling within his license
qualification.
(b) Separate place of business or branch thereof shall mean
any office or facility of any kind:
(1) from which p lumbing, heating o r fi re s pr inkler
business work requiring license is solicited or
conducted;
(2) from which p lumbing, heating or fir e s pr inkler
contracts for work requiring license are negotiated or
entered into: or
(3) from which requests for p lumbing, heating or fire
s pr inkle r work or se r vic e r equi r ing a license work
requiring license are received and accepted.
(c) A temporary field office facili t y used solely to conduct
the p lumbing, heating o r fire sp r inkler business work requiring
license involved in an existing contract or contracts entered into
by the main license office and from which no new business is
solicited or conducted shall not be deemed a separate place of
business or branch thereof.
Authority G.S. 87-18; 87-21 (a)(5); 87-21 (a)(6); 87-26.
.0405 MULTIPLE LICENSES
(a) In order to maintain the identity of firms, a licensee shall
qualify only one place of business with his personal
qualifications.
(b) A licensee may be listed on only one license at any given
time, whether the license is issued in the name of the individual
or in the name of a firm.
(c) The licensee may, upon deletion of his name and
qualifications from a firm license, reinstate his personal license,
either as an individual or in the name of some other
corporation, partnership, or business that has a trade name,
upon compliance with G.S. 87-26.
SECTION .0500 - POLICY STATEMENTS
AND INTERPRETATIVE RULES
.0510
LICENSE REQUIREMENTS
GENERALLY
An individual may not f)erform any work which is within the
scope of G.S. 87-211aj(l), 87-21£al(2), 87-21{a](3), 87-
21lal(4), or 87-211aJ(ll), or 87-21(b)(2). and not otherwise
excluded by G.S. 87-21(c) or 87-25 . for any other individual,
firm, body corporate or body politic no matter the form or
arrangement of compensation unless th e individual o r the
princi p al p r oviding general supcn ' ision of the wo r k such person
has been issued the appropriate license by the Board.
.Authority G.S. 87-18; 87-21(g)(5); 87-21(c).
1491
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
.0511 FUEL PIPING
The contracting or installation of fuel piping extending from
an approved fuel source at or near the premises, to a point
within the premises, requires either Plumbing. Heating Group
1 . Heating Group 2. Heating Group 3. or Fuel Piping license.
if such piping is or may be used partly or entirely to supply fuel
to plumbing or heating systems or equipment or if. by the
installation of such piping, the fuel supply to plumbing or
heating systems or equipment within the meaning of G.S. 87-
21(a) may be altered or affected. The term fuel refers to
flammable gas, flammable liquefied gas, or flammable liquid as
those terms are defined in Volume V of the North Carolina
Building Code, and to combustible liquid so defined when used
in a non-residential application. This provision does not alter
the restriction of Class II license to single family detached
residential dwellings .
Authority 87-21 (a).
SECTION .1100 -FEES
.1102 LICENSE FEES
(a) Except as set out in this Rule. The the annual license fee
for statewide p lumbing and hea t ing licenses issued by this
Board in the name o f an individual, c orp o r ation, p ar t ne r ship,
o r business with a tr ade name is seventy-five dollars ($75.00).
(b) The annual license fee for p lumbing and hea t ing a
licenses limited in scope territory to cities or towns of less than
10,000 population and issued in t he nam e o f an individual,
co rp o r ation, paitne r shi p o r business with a tr ade name is forty-
five dollars ($45.00).
(c) The annual license fee for an licensed individual who is
not actively engaged in the business o f p lumbing o r hea t ing
con tr ac t ing requiring license by reason of full-time employment
as a local government plumbing, heating or mechanical
inspector and who holds qualifications from the Code Officials
Qualification Board is fifteen dollars ($15.00).
(d) The initial application fee for license as a fire sprii^der
contractor is seventy-five dollars ($75.00). The annual license
fee for statewide licenses issued to a fire sprinkler contractor in
the name of an individual, corporation, partnership or business
with a trade name is two-hundred seventy-five dollars
($275.00).
(e) The annual license fee for an individual whose
qualifications are listed as the second or subsequent individual
on a corporation, partnership, or business with a trade name
under Paragraphs (a), (b) or (d) of this Rule is ten dollars
($10.00).
Authority G.S. 87-18; 87-21; 87-22.
.1104 FEES FOR COPIES OF RECORDS
AND RETURNED CHECKS
The Board charges the following fees:
(1) copy of the Register of Licensees - $ 4.00 each
(2) copies of license - 15.00
(3) abstract of license record 15.00
(4) processing fee for
returned checks - 20.00 maximum allowed by law
(5) fee fo r each copy of Board rules - 10.00
Authority G.S. 25-3-512; 87-18; 150B-19.
CHAPTER 56 - BOARD OF PROFESSIONAL
ENGINEERS AND LAND SURVEYORS
Notice is hereby given in accordance with G.S. 150B-21.2
that the Board of Registration for Professional Engineers
and Land Surveyors intends to amend rules cited as 21 NCAC
56 .0103 - .0104. .0401, .0403, .0501 - .0503, .0505, .0601 -
.0603, .0606, .0701 - .0702, .0901 - .0902, .1102 - .1106,
.1201, .1203, .1205, .1301 - .1302, .1403, .1409, .1411,
.1602 - .1604, .1703- .1705, .1711 and repeal .0404 - .0405.
Notice of Rule-making Proceedings was published in the
Register on October 15, 1997.
Proposed Effective Date: August 1, 1998
A Public Hearing will be conducted at 9:00 a.m. on March
12, 1998 at 3620 Six Forks Road, Suite 300, Raleigh, NC
27609.
Reason for Proposed Action:
21 NCAC 56 .0104 - To clarify Board seal.
21 NCAC 56 .0401, .0403 - .0405 - To revise records storage
procedures.
21 NCAC 56 .0502, .0505 .0602, .0606 - To revise fees.
21 NCAC 56 .0503 - To clarify Board policy on examination
requirements.
21 NCAC 56 .0701 - To clarify Board policy on Standards of
Professional Conduct.
21 NCAC 56 .0901 - To clarify Board policy on Resident
professionals.
21 NCAC 56 .1002 - To clarify Board policy on Temporary
permits.
21 NCAC 56 .1203 - To align rule-making comment procedures
with G.S. 150B.
21 NCAC 56 .1002 - .1003, .1103 - .1104 - To clarify Board
policy on Sealing requirements.
21 NCAC 56 .1301 - .1302 - To clarify Board policy on
Improper practice review and settlement conferences.
21 NCAC 56 .1403 - To clarify Board policy on settlement
conferences.
21 NCAC 56 .1602, .1604 - To clarify Board policy on The
Standards of Practice Land Surveying.
To make grammatical corrections, and to make the rules gender
neutral.
Comment Procedures: Submit comments in writing to the
Rule-making Coordinator, David S. Tuttle, Board Counsel,
North Carolina State Board of Registration for Professional
Engineers and Land Surveyors. 3620 Six Forks Road, Suite
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1492
PROPOSED RULES
300, Raleigh, NC 27609, Written statements must be delivered
no later than March 18, 1998. Oral statements will be
accepted at the hearing.
Fiscal Note: 21 NCAC 56 .0502, .0505. .0602. .0606 - These
Rules affect the expenditures or revenues of state government
funds but do not affect local government funds . All other ndes
do not affect the expenditures or revenues of state or local
government funds. Tfiese Rules do not have a substantial
economic impact of at least five million dollars ($5,000,000) in
a 12-month period.
SECTION .0100 - ORGANIZATION
OF BOARD
.0103 ORGANIZATION
(a) Secretary. The secretary elected by the Board has final
authority and responsibility in the operation of the Board office
subject to policies and directives as established by the full
Board or these rules. The secretary may assign to the executive
secretary those day-to-day administrative and operational duties
as are approved by majority vote of the full Board.
Authorization by the secretary for the disbursement of funds by
the executive secretary must be in writing and have the
unanimous approval of the Board.
(b) Board Committees. The Board shall be organized into
a an engineering committee and a land surveying committee.
The engineering committee shall consist of the four engineer
members and one public member. The land surveying
committee shall consist of the three land surveyor members and
one public member. The Board chairman chairperson shall
appoint the cliaiiiuaii chairperson of each committee and
appoint the public member to each committee.
(c) Executive Secretary. The day-to-day operations of the
Board office shall be the responsibility of the executive
secretary under the direction of the secretary subject to policies
and directives as established by the Board or these rules. The
executive secretary may be authorized by the Board or the
secretary to represent the Board before professional or
governmental organizations when such representation serves to
further and support the purposes of the Board and is made
within the expressed policies of the Board or these Rules.
Authority G.S. 89C-4 through 89C-11.
.0104 DESCRIPTION OF SEAL
The official seal adopted by the Board is the Seal of the State
of N ort h Car o lina. Nonh Carolina with the inscription of the
Board name on the perimeter.
Authority G.S. 89C-10(b).
SECTION .0400 - RECORDS AND
REPORTS OF BOARD: RETENTION
AND DISPOSITION
.0401
RECORDS OF BOARD PROCEEDINGS
Records of all proceedings of the Board such as rule-making
proceedings, declaratory rulings and contested cases and all
other permanent records are retained at the office of the Board
and a r e no t or disposed of or may be transferred from that
office.
Authority G.S. 89C-W(a); 89C-12.
.0403 APPLICATION FILES
Application files are reviewed on an annual basis. If an
application has been pending for one year or more, notice will
be given to the applicant of the status of the application file. If
after notice the applicant does not wish to pursue the application
or does not reply to the Board's inquir\- within 30 days after
such notice, the file will be t r ansfe rr ed t o the State Rec or ds
Cente r maintained by the De p artment of Cultu r al Resources in
Raleigh. North Ca ro lina, destroyed.
Authority G.S. 89C- 10(a); 89C-12.
.0404 DESTRUCTION OF APPLICATION FILES
Inac t ive applica t ion fil e s transfe r red to t he State Reco r ds
Cen t e r of the De p artment of Cultu r al Resou r ces will be
d e stroy e d two y e ars aft e r the no t ice of in t ended tr ansf er unl e ss
they are r eac t ivated wi t hin two years afte r said notice.
Authority G.S. 89C- 10(a); 89C-12.
.0405 REACTIVATION OF APPLICATION HLE
U p on w r itt e n r eques t wi t hin two years of the date of no t ice
of intended t r ansfe r , and p aymen t of requi r ed a pp lica t ion fees,
th e Board will r e ac t ivat e the a pp lica t ion file. Af t e r two years,
the a pp lican t is r equi r ed to file a new application.
Authority G.S. 89C-10(a); 89C-12.
SECTION .0500 - PROFESSIONAL
ENGINEER
.0501 REQUIREMENT FOR LICENSING
(a) Education. The education of an applicant shall be
considered in determining eligibility for licensing as a
Professional Engineer. The following terms used by the Board
for the specific educational requirements to be eligible to be
licensed as a Professional Engineer are defined by the Board as
follows:
(1) Engineering Curriculum of Four or more Years
Approved by the Board is defined as a curriculum
that has been accredited by the Accreditation Board
for Engineering and Technology (ABET). This
curriculum is incorporated by reference including
subsequent amendments and editions. This material
is available for inspection at the office of the North
Carolina State Board of Registration for Professional
Engineers and Land Surveyors, 3620 Six Forks
Road, Suite 300, Raleigh, North Carolina 27609.
Copies may be obtained at the Board office at a cost
1493
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
#
I
I
of five dollars ($5.00) per copy.
(2) Engineering or Related Science Curriculum of Four
or more Years Other than Ones Approved by the
Board is defined as a curriculum, although not
accredited by ABET, of physics, math, chemistry
and engineering technology which contains
engineering or scientific principles.
(3) Equivalent Education Satisfactory to the Board:
(A) A bachelo r s bachelor's degree in Engineering
Technology shall be considered equivalent to
an engineering or related science curriculum
of four or more years other than one approved
by the Board.
(B) An associate degree in an engineering related
curriculum with an additional two years of
progressive engineering experience shall be
considered equivalent to an engineering or
related science curriculum of four or more
years other than one approved by the Board.
(C) A diploma from an accredited high school
with an additional four years of progressive
engineering experience shall be considered
equivalent to an engineering or related science
curriculum of four or more years other than
one approved by the Board.
(D) Foreign degrees may be considered as
recommended by the National Council of
Examiners for Engineering and Surveying
(NCEES) in its publications; provided
however, maximum equivalency granted shall
be that of an engineering or related science
curriculum of four or more years other than
one approved by the Board. The NCEES
publications are incorporated by reference
including subsequent amendments and
editions. This material is available for
inspection at the office of The North Carolina
State Board of Registration for Professional
Engineers and Land Surveyors, 3620 Six
Forks Road, Suite 300, Raleigh, North
Carolina 27609. Copies may be obtained at
the Board's office at a cost of five dollars
($5.00) per copy.
(b) Experience:
(1) General. The experience of an applicant shall be
considered in determining whether an applicant is
eligible to be licensed as a Professional Engineer.
(2) Required Experience. In evaluating the work
experience required the Board may consider the total
experience record, and the progressive nature of the
record. (Not less than half of required engineering
experience shall be of a professional grade and
character, and shall be
responsible charge of
Engineer.)
(3) Definition. The terms "progressive engineering
experience" or "progressive experience on
performed under the
registered Professional
engineering projects" mean that during the period of
time in which an applicant has made a practical
utilization of his acquired knowl e dg e knowledge, he
has shown continuous improvement, growth and
development have been shown in hts the utilization
of that knowledge as revealed in the complexity and
technical detail of hts the work product or work
record. The applicant must show that he has
c o ntinuously assumed continuous assumption of
greater individual responsibility for hts the work
product over that period of time.
(4) Specific Credit for Experience. In evaluating
progressive engineering ex p e r ience experience, the
Board may give credit for experience in the
following areas of work:
(A) Graduate schooling or research in an approved
engineering curriculum - maximum two years;
(B) Progressive land surveying - maximum two
years;
(C) Teaching of science or engineering subjects at
the graduate level in an approved engineering
curriculum - maximum two years.
(5) Experience Not Considered:
(A) Experience obtained prior to graduation while
receiving education for which credit is given
toward registration, unless such experience is
obtained in a co-op program in an engineering
curriculum approved by the Board.
(B) Experience obtained in a foreign country
unless performed under direct supervision of
a r egis t e r ed Professional Engineer registered
with a member Board of the National Council
of Examiners for Engineering and Surveying
(NCEES).
Authority G.S. 89C-10; 89C-13.
.0502 APPLICATION PROCEDURE: INDIVIDUAL
(a) General. A person desiring to become licensed as a
Professional Engineer must make application to the Board on
a form prescribed and furnished by the Board.
(b) Request. A request for an appropriate application form
may be made at the Board address.
(c) Applicable Forms:
(1) Student Form. This form requires the applicant to
set forth hts personal history, hts educational
background, provide character references, and
furnish a photograph for identification purposes.
The form is for use by those graduating, or those
having graduated, from an engineering curriculum
approved by the Board as follows:
(A) Students graduating in the same semester or
quarter in which the fundamentals of
engineering examination is administered.
(B) Graduates with less than two years since
graduation.
(2) Professional Engineer Form:
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1494
PROPOSED RULES
(A) All persons, including comity applicants and
graduates of an engineering curriculum
approved by the Board with more than two
years progressive engineering experience,
shall apply for registration by using the
Professional Engineer form. The submission
of this form shall signify that the applicant
seeks registration, and will result in seating
for each examination required, when the
applicant is so qualified. This form requires
the applicant to set forth his personal and
educational background, his engineering
experience and his character references. A
passport-type photograph for identification
purposes is required.
(B) Persons who have previously completed the
fundamentals examination by use of the
Student Form shall submit the Professional
Engineer Form to request registration when
qualified to take the final eight-hour
examination.
(3) Supplemental Form. Persons who initially applied
for the fundamentals of engineering exam using the
Professional Engineer form must supplement their
the initial application upon applying for the
principles and practice examination. The
supplemental form requires that engineering
experience from the date of the initial application
until the date of the supplemental application be
listed. Five references shall be submitted which are
current to within one year of the examination date.
(4) Reference Forms:
(A) Persons applying to take the examination for
fundamentals of engineering must submit to
the Board names of three individuals who are
familiar with the applicant's work, character
and reputation. One of these individuals must
be registered as a Professional Engineer.
Persons applying to take the examination for
principles and practices of engineering must
submit to the Board names of five individuals
who are familiar with the applicant's work,
character and reputation. Two of these
individuals must be registered Professional
Engineers.
(B) In addition to the applicant submitting names
to the Board of individuals familiar with the
applicant's work, character and reputation,
those individuals listed are required to submit
to the Board their evaluation evaluations of the
applicant on forms supplied them by the
applicant. Such information is considered
confidential and shall not be released by the
Board.
(C) The reference form requires the individual
evaluating the applicant to state the evaluating
individual's profession, his knowledge of the
applicant and to — state other
concerning the
experience
information
engineering
(d) Fees
(1)
applicant's
character and reputation.
(D) The reference forms shall be received by the
applicant when he r eceives his with the
application. The reference forms are then to
be distributed by the applicant to the persons
listed by him on his the application as
references. It is the applicant's responsibility
to see that the individuals listed as references
return the reference forms to the Board prior
to the filing deadline for the examination.
(2)
(3)
(4)
Student Form. The examination fee for applicants
applying for examination on the fundamentals of
engineering using the student form is payable with
the filing of the application. Once the applicant
passes the examination on the fundamentals of
engineering, the registration fee of one hundred
dollars ($100.00) and the examination fee for the
principles and practice of engineering examination is
are payable with the applicant's subsequent
application for registration as a Professional Engineer
using the Professional Engineer form.
Professional Engineer Form. The registration fee of
one hundred dollars ($100.00) and appropriate
examination fee for applicants applying for the
examination on the fundamentals of engineering or
the principles and practice of engineering using the
Professional Engineer form is are payable with the
filing of the application.
Comity. The registration fee of one hundred dollars
($100.00) for applicants for comity registration is
payable with the filing of the application.
Examination. The examination fee for any applicant
is payable with the filing of the application in
a c co r dance with t he following schedule : the amount
of the actual cost of the examination plus an
administrative fee of fifteen dollars ($15.00).
Enginee r ing Fundamen t als
$40.00
Engineering P r inci p les &. Prac t ice $70.00
(e) The Board shall accept the records maintained by the
National Council of Examiners for Engineering and Surveying
(NCEES) as evidence of registration in another state.
Authority G.S. 89C-10; 89C-13; 89C-14.
.0503 EXAMINATIONS
(a) Fundamentals of Engineering. This eight-hour written
examination is designed primarily to test the applicant's
proficiency and knowledge of the fundamentals of engineering.
(b) Principles and Practice of Engineering. This eight-hour
written examination is designed to test the applicant's
proficiency and knowledge of engineering principles and
practices.
(c) Examination Aids. Examinees may utilize examination
aids as specified in published Board material furnished to
1495
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
applicants.
(d) Preparation of Examination. The examinations in the
fundamentals of engineering and in the principles and practice
of engineering are national examinations promulgated by the
National Council of Examiners for Engineering and Surveying
(NCEES) of which the Board is a member.
(e) Examination Sequence. Before the applicant is permitted
to be examined on the principles and practice of engineering,
the applicant must successfully pass the examination on the
fundamentals of e ngineering, engineering, unless the applicant
can evidence 20 years of progressive engineerin g experience
and receives a waiver from the fundamentals of engineering
exam by the Board. In no event is an applicant allowed to take
both examinations at the same time or at the same scheduled
examination date.
(f) Examination Filing Deadline. The applicant who wishes
to take an examination must have his the completed application
(which includes all necessary references, transcripts, and
verifications) in the Board office prior to the Board-established
deadline dates of August 1 for Fall examinations and January
2 for Spring examinations.
(g) Seating Notice. After approval of an application to take
either the examination on the fundamentals of engineering or
principles and practice, the applicant will be sent a seating
notice. This notice will inform the applicant of the date, time
and location of the examination and the seat t o which he is
number assigned.
(h) Unexcused Absences. After a seating notice has been
issued for a scheduled examination by the Board, and the
applicant fails to appear, that applicant's record will reflect
"unexcused absence" unless the absence was for official jury
duty or the applicant was not physically able to be present, as
indicated by a doctor's certificate.
(i) Oral Interview. During the examination on the principles
and practice of engineering, the applicant may be interviewed
by Board members. The purpose of the interview is to augment
the evidence submitted in an application with regard to
education or experience.
(j) Re-Examination. A person who has failed an
examination is allowed to apply to take the examination again
at the next regularly scheduled examination p e r i o d, period by
making written request and submitting the required exam fee.
A person having a combined record of three failures or
unexcused absences will not be allowed to take that examination
again until a written appeal is made to the Board and
qualifications for examination are reviewed and reaffirmed by
the Board. The applicant must demonstrate to the Board that
actions have been taken to improve the applicant's chances for
passing the exam.
Authority G.S. 89C-10; 89C-13 through 89C-15.
.0505 EXPIRATIONS AND RENEWALS OF
CERTIFICATES
(a) Professional Engineer Registration. An annual renewal
fee of thi rt y five fony dollars ( $35.00 $40.00 ) for certificates
of registration for Professional Engineers shall be payable to
the Board. The Board will send to each registered Professional
Engineer a form which requires the registrant to provide the
Board with his both the business and residential add r ess
addresses, and — to — affix — the — r egist r an t 's — No r th — Carolina
P r ofessional Enginee r 's seal t he r eu p on. The completed form
for renewal of certificate along with the required fee is to be
forwarded to the Board.
(b) Engineer-In-Training Certificate. The
Engineer-In-Training certificate does not expire and, therefore,
does not have to be renewed.
Authority G.S. 89C-10; 89C-17.
SECTION .0600 - LAND SURVEYOR
.0601 REQUIREMENT FOR LICENSING
(a) Education. The following terms used by the Board for
the sj)ecific education requirements to be eligible to be licensed
as a Registered Land Surveyor are defined by the Board as
follows:
(1) B.S. in Surveying or Other Equivalent Curricula.
These degrees must contain a minimum of 45
semester hours, or their quarter-hour equivalents, of
subjects directly related to the practice of surveying.
Of the 45 semester hours, a minimum of 12 semester
hours of surveying fundamentals, 12 semester hours
of applied surveying practice and 12 semester hours
of advanced or theoretical surveying courses is are
required. The remainder of the required surveying
courses may be elective-type courses directly related
to surveying.
(2) Associate Degree in Surveying Technology. This
deg r ees degree must contain a minimum of 30
quarter hours, or semester-hour equivalents, of
subjects directly related to the practice of surveying.
Appropriate courses in surveying practices,
subdivision design and plarming, surface drainage
and photogrammetry must be successfully completed.
(b) Experience:
(1) Definition. As used in the North Carolina
Engineering and Land Surveying Act the term
"progressive practical surveying experience" means
that during the period of time in which an applicant
has made a practical utilization of his the knowledge
of the principles of geometry and trigonometry in
determining the form, boundaries, position and
extent of the earth's surface, he — has — shown
continuous improvement, growth and development in
his the utilization of that knowledge have been
shown. In addition, the applicant must show tha t h e
has con t inuously assumed the continuous assumption
of greater individual responsibility for his the work
product over that period of time.
(2) Experience Accepted. In order to have experience
adequate to comply with the requirements of the law,
the applicant's work experience must be concerned
with land surveying and is normally gained while
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1496
PROPOSED RULES
working under the responsible charge of a Registered
Land Surveyor.
(3) Other Experience. Work done in the following areas
r e qui r e requires evidence to the Board of its
equivalency to land surveying:
(A) construction layout,
(B) engineering surveying,
(C) pan-time surveying work,
(c) E.xJiibits, Drawings, Plats:
(1) Required Exhibit Before Fundamentals of Land
Surveying Examination. The applicant must submit,
along with hw the application, an actual plat or an
example plat which discloses thai the applicant is
knowledgeable in the elements of good mapping
practices.
(2) Required Exhibit Before Principles and Practices of
Land Surveying Examination:
(A) General. The applicant must submit, along
with hrs the application, an actual plat of a
boundary survey of an actual project which
discloses that the applicant is knowledgeable
of the contents of the Standards of Practice for
Land Surveying in North Carolina (Section
.1600) and also is able to apply this
knowledge by preparing a plat in accordance
with the various legal and professional
requirements of land surveying.
(B) Physical Requirement. The map submitted
must be a clean, clear clear, legible print of an
original map in the file of a Registered Land
Surveyor.
(3) Specific Requirements. The specific details that will
be evaluated are those applicable to the particular
project as described in the Standards of Practice for
Land Surveying in North Carolina (Section .1600)
and as described in G.S. 47-30. In addition, the
exhibit shall contain a statement that the field work,
calculation and mapping was were performed by the
applicant under the supervision of a Registered Land
Surveyor, attested to by the Registered Land
Surveyor.
(4) Requirements for Comity Applicant. The map
submitted by an applicant under comity may be a
sample plat of a project or work performed in hts the
state of registration which will be evaluated in
accordance with legal requirements of North
Carolina.
Authority G.S. 89C-I0; 89C-13; 47-30.
.0602 APPLICATION PROCEDURE: INDIVIDUAL
(a) General. A person desiring to become a Registered Land
Surveyor must make application to the Board on a form
prescribed and furnished by the Board.
(b) Request. A request for the application form may be
made at the Board address.
(c) Application Form. All persons applying to be licensed
as a Registered Land Surveyor shall apply using the standard
application form. This form requires the applicant to set forth
his personal background, plus hrs educational background, his
land surveying experience, and his references. A passport-type I
photograph for identification purposes is required also.
(d) Supplemental Form. Persons who initially applied for
registration as a land surveyor, but were not eligible initially to
be admitted to the examination for principles and practice of
land surveying, must supplement their initial a p plication
applications upon ultimately applying for the second
examination. The applicant must supplement his the initial
application by using the supplemental form, which requires him
t o list his the listing of land surveying experience from the date
of the initial application, until application to the date of the
supplemental application. Five references shall be submitted
which are current to within one year of the examination date.
(e) Reference Forms:
(1) Persons applying to take the examination for the
fundamentals of land surveying or the examination
for principles and practice must submit to the Board
names of individuals who are familiar with the
applicant's work, character and reputation. The
names are submitted by the applicant on the
application form.
(2) Persons applying for the fundamentals of land
surveying examination must submit three references,
one of which must be a Registered Land Surveyor.
Persons applying for the principles and practice
examination must submit five references, two of /
which must be a Registered Land Su r v e yo r , y
Surveyors.
(3) In addition to the applicant submitting names to the
Board of such individuals, those individuals listed
are required to submit to the Board their evalua t ion
evaluations of the applicant on reference forms
supplied them by the applicant. Such information is
considered confidential and will not be released by
the Board.
(4) The reference form requires the individual evaluating
the applicant to state the evaluating individual's
profession, his knowledge of the applicant and other
information concerning the applicant's land
surveying experience, character and reputation.
(5) The reference form forms will be received by the
applicant when he r eceives his along with the
application for registration. The reference forms are
then to be distributed by the applicant to the persons
listed by him on his the application as references. It
is the applicant's responsibility to see that the
individuals listed as references return the forms to
the Board prior to the filing deadline for the
examination applied for by the applicant.
(f) Fees:
( 1 ) Regular. The registration fee of one hundred dollars ^
(5100.00) and appropriate examination fee for those I
applying for registration based upon examination, ^
experience, character and exhibit is are payable with
1497
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
the filing of the application.
(2) Comity. The registration fee of one hundred dollars
(SIOO.OO) and appropriate examination fee for those
applying for registration based upon comity ts are
payable with the filing of the application.
(3) Examination. The examination fee for any applicant
is payable with the filing of the application in
acconiance wi t h t he following schedul e : the amount
of the actual cost of the examination plus an
administrative fee of fifteen dollars ($15.00).
(At Land Su r veying Fundamen t als $50.00
(S) Land Su r veying Princ ip les & P r a ct i c e $60.00
(i) Re-Examination. A person who has failed an
examination is allowed to apply to take the examination again
at the next regularly scheduled examination period. A person
having a combined record of three failures or unexcused
absences will not be allowed to take that examination again
until a written appeal is made to the Board and the
qualifications for examination are reviewed and reaffirmed by
the Board. The applicant must demonstrate to the Board that
actions have been taken to improve the applicant's chances for
passing the exam.
Authorit\ G.S. 89C-10; 89C-15.
Authority G.S. 89C-10; 89C-13: 89C-14.
.0603 EXAMINATIONS
(a) Fundamentals of Land Surveying. This eight-hour
written examination is designed primarily to test the applicant's
proficiency and knowledge of the fundamentals of land
surveying.
(b) Principles and Practice of Land Surveying. This
eight-hour written examination is designed to test the
applicant's proficiency and knowledge of land surveying
practices and procedures generally and specifically within
North Carolina.
(c) Examination Aids. Examinees may utilize examination
aids as specified in published Board material furnished to
applicants.
(d) Preparation of Examination. The examination in the
fundamentals of land surveying and six hours of the
examination in the principles and practice of land surveying are
national examinations promulgated by the National Council of
Examiners for Engineering and Surveying (NCEES) of which
the Board is a member. The two-hour North Carolina portion
of the principles and practice of land surveying examination is
prepared and graded by the Board.
(e) Examination Filing Deadline. The applicant who wishes
to take an examination must have hrs the completed application
(which includes all necessary references, transcripts, and
verifications) in the Board office prior to the Board— established
deadline dates of August 1 for Fall examinations and January
2 for Spring examinations.
(0 Seating Notice. After approval of an application the
applicant will receive a seating notice. This notice will inform
the applicant of the date, time and location of the examination
and the seat t o which he is number assigned.
(g) Unexcused Absences. After a seating notice for a
scheduled examination has been issued by the Board, and the
applicant fails to appear, the applicant's record will reflect
"unexcused absence" unless the absence was for official jury
duty or the applicant was not physically able to be present, as
indicated by a doctor's certificate.
(h) Oral Interview. During the examination on the
principles and practice of land surveying, the applicant may be
interviewed by Board members. The purpose of the interview
is to augment the evidence submitted in an application with
regard to education or experience.
.0606 EXPIRATIONS AND RENEWALS OF
CERTinCATES
(a) Registered Land Surveyor Registration. An annual
renewal fee of t hi rt y five forty dollars ( $35.00 $40.00 ) for
certificates of registration for Registered Land Surveyors shall
be payable to the Board. The Board will send each Registered
Land Surveyor a form which requires the registrant to provide
to the Board his the business and residential address addresses.
and to affix t he re gis tr an t 's N ort h Ca ro lina Regis t e r ed Land
Su r vey or 's seal the r eup o n. The completed form for renewal of
certificate along with any required fee is to be forwarded to the
Board.
(b) Surveyor in Training Certificate. The Surveyor In
Training certificate does not expire and, therefore, does not
have to be renewed.
Authority G.S. 89C-17.
SECTION .0700 - STANDARDS OF
PROFESSIONAL CONDUCT
.0701 RULES OF PROFESSIONAL CONDUCT
(a) In order to safeguard the life, health, property and
welfare of the public and to establish and maintain a high
standard of integrity, skills, and practice in the profession of
engineering and land surveying, the following rules of
professional conduct are promulgated in accordance with G.S.
89C-20 and shall be binding upon every person holding a
certificate of registration as a Professional Engineer or
Registered Land Surveyor (registrant), and on all partnerships
or corporations or other legal entities authorized to offer or
perform engineering or land surveying services in this state.
All persons registered under the provisions of Chapter 89C of
the General Statutes are charged with having knowledge of the
existence of the rules of professional conduct, and shall be
deemed to be familiar with their several provisions and to
understand them.
(b) The Professional Engineer and Registered Land Surveyor
shall conduct hts the practice in order to protect the public
health, safety and welfare. He The registrant shall at all times
recognize his the primary obligation to protect the public in the
performance of hts the professional duties. If his the
registrant's engineering or land surveying judgment is
overruled under circumstances where the safety, health and
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1498
PROPOSED RULES
welfare of the public are endangered, he the registrant shall
inform hts the employer, the contractor and the appropriate
regulatory agency of the possible consequences of the situation.
(c) The Professional Engineer and Registered Land Surveyor
shall perform his services only in areas of hts the registrant's
competence and:
(1) Shall undertake to perform engineering and land
surveying assignments only when qualified by
education or experience in the specific technical field
of professional engineering or land surveying
involved.
(2) May accept an assignment requiring education or
experience outside of hts the registrant's own field of
competence, but only to the extent that hts the
services are restricted to those phases of the project
in which he the registrant is qualified. All other
phases of such project shall be performed by
qualified associates, consultants, or employees.
(3) Shall not affix hts the signature or seal to any
engineering or land surveying plan or document
dealing with subject matter for which he the
registrant lacks competence by virtue of education or
experience, nor to any such plan or document not
prepared under hts the registrant's direct supervisory
control. Direct supervisory control (responsible
charge) requires a registrant or employee to carry out
all client c o nt r acts contacts, provide internal and
external fmancial control, oversee employee training,
and exercise control and supervision over all job
requirements to include research, planning, design,
field supervision and work product review. A
registrant shall not contract with a non-registered
individual to provide these professional services.
Research, such as title searches and soil testing, may
be contracted to a non-registered individual,
provided that individual is qualified and/or licensed
to provide such service and provided the registrant
reviews the work. The Professional Engineer and
Registered Land Surveyor may affix hts the seal and
signature to drawings and documents depicting the
work of two or more professionals provided he it is
designates designated by a note under hts the seal the
specific subject matter for which he each is
responsible.
(d) The Professional Engineer and Registered Land Surveyor
shall issue public statements only in an objective and truthful
manner and:
(1) Shall be objective and truthful in all professional
reports, statements or testimony. He Tfie registrant
shall include all relevant and pertinent information in
such reports, statements or testimony.
(2) When serving as an expert or technical witness
before any court, commission, or other tribunal,
shall express an opinion only when it is founded
upon adequate knowledge of the facts in issue, upon
a background of technical competence in the subject
matter, and upon honest conviction of the accuracy
and propriety of hts the registrant's testimony.
(3) Will issue no statements, criticisms, or arguments on
engineering or land surveying matters cormected with
public policy which are inspired or paid for by an
interested party, or parties, unless he tlie registrant
has prefaced his the comment by explicitly
identifying hrmseH the registrant's name, by
disclosing the identities of the party or parties on
whose behalf he the registrant is speaking, and by
revealing the existence of any pecuniary interest he
the registrant may have in the instant matters.
(4) Shall not attempt to injure, maliciously or falsely,
directly or indirectly, the professional reputation,
prospects, practice or employment of another
engineer or land surveyor, nor shaH — he
indiscriminately criticize another engineer or land
surveyor's work in public. If he the registrant
believes that another engineer or land surveyor is
guilty of misconduct or illegal practice, he shall
pr esen t such information shall be presented to the
North Carolina State Board of Registration.
(e) The Professional Engineer and Registered Land Surveyor
shall avoid conflicts of interest and:
(1) Shall promptly inform hts the employer or client of
any business association, interests, or circumstances
which could influence hts judgment or the quality of
hts services.
(2) Shall not accept compensation, financial or
otherwise, from more than one party for services on
the same project, or for services pertaining to the
same project, unless the circumstances are fully
disclosed to, and agreed to, by all interested parties.
(3) Shall not solicit or accept financial or other valuable
considerations from material or equipment suppliers
for specifying their products.
(4) Shall not solicit or accept gratuities, directly or
indirectly, from contractors, their agents, or other
parties dealing with hts the client or employer in
connection with work for which he-is tlie registrant
is responsible.
(5) When in public service as a member, advisor, or
employee of a governmental body or department,
shall not participate in considerations or actions with
resp)ect to services provided by htm the registrant or
hts the registrant's organization in private
engineering and land surveying practices.
(6) Shall not solicit or accept an engineering or land
surveying contract from a governmental body on
which a principal or officer of hts the registrant's
organization serves as a member.
(7) Shall not attempt to supplant another engineer or land
surveyor in a particular employment after becoming
aware that the other has been selected for the
employment.
(0 The Professional Engineer and Registered Land Surveyor
shall solicit or accept work only on the basis of hts
qualifications and:
1499
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
I
\
I
(1) Shall not offer to pay, either directly or indirectly,
any commission, political contribution, gift, or other
consideration in order to secure work, exclusive of
securing salaried positions through employment
agencies.
(2) Shall compete for employment on the basis of
professional qualification and competence to perform
the work, lie shall Shall not solicit or submit
proposals for professional services containing a false,
fraudulent, misleading, deceptive or unfair statement
or claim regarding the cost, quality or extent of
services to be rendered.
(3) Shall not falsify or permit misrepresentation of hw;
OT — hts — ass o ciates', academic or professional
qualifications. He shall Shall not misrepresent his
degree of responsibility in or for the subject matter
of prior assignments. Brochures or other
presentations incident to the solicitation of
employment shall not misrepresent pertinent facts
concerning employers, employees, associates, joint
ven t urers ventures, or h« — or — thctr — past
accomplishments with the intent and purpose of
enhancing his qualifications and his work.
(g) The Professional Engineer and Registered Land Surveyor
shall perform his services in an ethical and lawful manner and:
(1) Shall not knowingly associate with or permit the use
of his the registrant's name or firm name in a
business venture by any person or firm which he the
registrant knows, or has reason to believe, is
engaging in business or professional practices of a
fraudulent or dishonest nature.
(2) If he the registrant has knowledge or reason to
believe that another person or firm may be in
violation of any of these provisions or of the North
Carolina Engineering and Land Surveying Act, shall
present such information to the Board in writing and
shall cooperate with the Board in furnishing such
further information or assistance as may be required
by the Board. The re gistrant shall timely respond to
all inquiries and correspondence from the Board and
shall timely claim correspondence from the LL S^
Postal Service, or other delivery service, sent to the
registrant from the Board.
(h) A Professional Engineer or Registered Land Surveyor
whose professional registration is revoked or suspended by
another jurisdiction, shall be subject to discipline by the Board
if the registrant's action violates Chapter 89C of the North
Carolina General Statutes or these rules.
Authority G.S. 89C-17; 89C-20.
.0702 RULES OF CO>fDUCT OF ADVERTISING
(a) The Professional Engineer or Registered Land Surveyor
shall not make exaggerated, misleading, deceptive or false
statements or claims about his professional qualifications,
experience or performance in his brochures, correspondence,
listings, or other public communications.
(b) The prohibitions listed in Paragraph (a) of this Rule
include, but are not limited to, the use of statements containing
a material misrepresentation of fact or omitting a material fact
necessary to keep the statement from being misleading;
statements intended or likely to create an unjustified
expectation; and statements containing a prediction of future
success.
(c) Consistent with the foregoing, the Professional Engineer
or Registered Land Surveyor may advertise for recruitment of
personnel .
(d) Consistent with the foregoing, the Professional Engineer
or Registered Land Surveyor may prepare articles for the lay or
technical press. Such articles shall not imply credit to the
author for work performed by others.
Authority G.S. 89C-20.
SECTION .0900 - BUSINESS
ORGANIZATIONS: GENERAL
.0901 OFHCES
(a) Professional Engineering Services. Every firm,
partnership, corporation or limited liability company which
performs or offers to perform engineering services in the State
of North Carolina shall have a resident registered Professional
Engineer in responsible charge in each separate office in which
professional engineering services are performed or offered to be
performed.
(b) Land Surveying Services. Every firm, p artn e rshi p
partnership, corporation or limited liability company which
performs or offers to perform land surveying services in the
State of North Carolina shall have a resident Registered Land
Surveyor in responsible charge in each separate office in which
land surveying services are performed or offered to be
performed.
(c) Resident. A resident registered Professional Engineer or
Registered Land Surveyor as used in this Rule, means a
licensee who spends a majority of his the licensee's normal
working time in said place of business. Such time shall not be
less than a majoritv of the operating hours of the business. A
registered Professional Engineer or Registered Land Surveyor
can be the resident licensee at only one place of business at one
time.
(d) No firm, partnership, corporation or limited liability
company shall practice, or offer to pr actic e practice, or market
either land surveying or e nginee r ing, engineering unless there
is a registered resident for that service in responsible charge at
that said place of business. Advertisements, signs, letterheads,
business cards, directories, or any other form of representation
shall avoid any reference to any service that cannot be provided
under the responsible charge of a properly qualified resident
professional.
Authority G.S. 57C-2.01; 89C-10; 89C-24.
.0902 TITLES OF BUSINESS
ORGANIZATIONS
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1500
PROPOSED RULES
(a) Companies, partnerships, corporations, limited liability
companies or any other business organization providing
professional engineering or land surveying services in North
Carolina shall not practice under a name that is misleading.
E.xcept as provided below, the title of engineering or land
surveying companies, partnerships, corporations, limited
liability companies or any other business organization
organized primarily to proNide such professional sen,ices shall
not contain the name of an individual not registered to provide
the professional services offered or eligible for registration
under the provisions of G.S. 89C-13.
(b) .A. firm may include in its title the name or names of one
or more deceased or retired former members of the firm,
provided that the firm submi t submits a letter of request and
explanation with its application to the Board, and that the Board
finds as a fact that the use of the name is not misleading.
(c) A business organization shall not change its title, or
operate under an assumed name, without first applying to the
Board for a determination that the proposed title meets the
requirements of Paragraph (a) of this Rule. Requests for name
changes shall be made in writing on a foiiii forms provided by
the Board for this purpose.
Aulhonty G.S. 55B-5: 57C-2.01: 89C-10; 89C-24.
SECTION .1100 -SEAL
.1102 DESIGN
The standard design of the seal shall be two concentric circles
in which North Carolina and the name of the registrant « are
placed within the outermost circle and in which the registration
number of the registrant and either "Professional Engineer" or
"Registered Land Surveyor," is placed within the iimermost
circle. The size shall be as directed by the Board.
Authorin- G.S. 89C-10: 89C-16.
.1103 STANDARD CERTinCATION
REQUIREMENTS
(a) Certification. The seal of a registrant on a map,
drawing, plan, specification, plat, or report shall signify that it
is the final work of the registrant unless the work is stamped or
clearly marked as "preliminary work" as follows:
(1) "Preliminary - Do not use for construction",
(2) "Progress Drawings - Do not use for construction",
(3) "Preliminary Plat - Not for recordation,
conveyances, or sales",
(4) "Final Drawing - Not released for const r uction".
construction".
(5) "Final Drawing - For Review Purposes Only".
(b) Certification of Final Drawings. Certification is not
required for "preliminary work." All other drawings or maps
shall conform to the following:
(1) Certification is required on reproducibles or original
drawings.
(2) The seal may be a rubber stamp, embossed seal,
computer-generated seal, or other facsimile found
acceptable to the Board that becomes a permanent
addition to a plan sheet or map.
(3) The registrant's written signature must be placed
over, or near, the seal on the original document. A
facsimile signature is not acceptable.
(4) The date of signing must be annotated on the original
document.
(5) All sheets of engineering and surveying drawings
must be sealed.
(6) The name and address of the registrant's firm will be
included on each sheet of engineering drawings. For
surveys, the registrant's name and address will be
included on the first sheet of the sur\'ey or title sheet.
(c) Certificationof Specifications and Repons. Certification
is not required for "preliminary work." All other specifications
and repons shall conform to the following:
(1) Certification is required on original specifications.
(2) The seal may be a rubber stamp, or other facsimile.
(3) The registrant's written signature must be placed
over, or near, the seal on the original document. A
facsimile signature is not acceptable.
(4) The date of signing must be annotated on the original
document.
(5) The title sheet of engineering specifications or other
reports must be sealed and bear the name and address
of the registrant's firm. The title sheet of any survey
report or written description of property will include
the name and address of the Registered Land
Surveyor. /
(d) Electronically transmitted drawings. Drawings that are \
transmitted electronically to a client or a governmental agency
shall have the computer-generated seal removed from the
original file. The electronic media shall have the following
inserted in lieu of the signature and date: This document
originally issued and sealed by (name of sealer), (registration
number), on (Date of sealing). This media shall not be
considered a certified document.
Authonty G.S. 89C-10; 89C-16.
. 1 104 CERTinC ATION ^^^TH TEMPORARY
PERMIT
All plans, specifications, plats, and repons issued by a
person holding temporary registration in Nonh Carolina, and
for use in North Carolina, shall be stamped with the registrant's
seal from the state in which he is where permanently registered
and in good standing. Directly beneath this seal, the registrant
will note the Nonh Carolina Temporary Permit Number, his
written signature, and the date of signing. A facsimile
signature is not acceptable.
Aulhonty G.S. 89C-10; 89C-16: 89C-25.
.1105 FIRMSE.\L .
The use of a seal by a firm is not required for certification. I
A firm seal is not authorized for use in lieu of the required seal *
of a Professional Engineer or Registered Land Surveyor. When
1501
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
a finn seal is used, it does not relieve the individual registrant
of the requirements and responsibilities pertaining to tts the
individual's seal.
Authority G.S. 89C-10; 89C-16; 89C-24.
.1106 CERTinCATION OF STANDARD
DESIGN PLANS
Standard design plans must initially be prepared and sealed
by a Professional Engineer properly registered in the state of
origin of such plans. Standard design plans may then be
reviewed by a North Carolina Professional Engineer for code
conformance, design adequacy, and site adaption for the
specific application within North Carolina. The Professional
Engineer who is registered in North Carolina assumes
responsibility for such standard designs. Standard plans, which
bear the seal of a Professional Engineer who is registered in
another state, shall be sealed by the North Carolina resident
Professional Engineer who is assuming responsibility. He
should affix his In addition to the seal, and a statement
subs t antially should be included as follows: "These plans have
been properly examined by the undersigned. I have determined
that they comply with existing local North Carolina codes, and
have been properly site adapted for use in this area. "
Authority G.S. 89C-10; 89C-I6.
SECTION .1200 - RULE-MAKING
PROCEDURES
.1201 PETITIONS
(a) Any person wishing to submit a petition requesting the
adoption, amendment or repeal of a rule by the Board should
send the petition to the executive secretary at the Board's office
in Raleigh, North Carolina.
(b) The petition should contain the following information;
(1) either a draft of the proposed rule or a summary of
its contents;
(2) reason for proposal;
(3) effect on existing rules;
(4) any data supporting proposal;
(5) effect of the proposed rule on existing practices in
the area involved, including cost factors;
(6) names of those most likely to be affected by the
proposed rule, with addresses if reasonably known;
and
(7) name and address of each petitioner.
(c) A review committee made up of one member of the
Board, the executive secretary and the legal counsel for the
Board, on behalf of the Board, will determine, based on a study
of the facts stated in the petition, whether the public interest
will be served by granting it. It will consider all the contents
of the submitted petition, plus any additional information it
deems relevant.
(d) The executive secretary, on behalf of the review
committee, will make a recommendation to the Board for the
denial of the petition or the institution of rule-making
proceedings, as the case may be.
(e) Within 120 days of submission of the petition, the Board
will render a final decision. However, the Board will not be
required to meet in order to render a decision but such decision
may be reached by communication among and between the
members and the executive secretary by letter, telephone or any
other convenient means of communication.
(f) If the decision is to deny the petition, the executive
secretary, on behalf of the Board, will notify the petitioner in
writing, stating the reasons t he r efo r , therefore. If the decision
is to grant the petition, the Board will initiate a rule-making
proceeding.
Authority G.S. 89C-10.
.1203 HEARINGS
(a) Unless otherwise stated in a particular rule-making
notice, hearings before the Board will be held in the Board
office.
(b) Any person desiring to present oral data, views, or
arguments on the proposed rule must, at least five days before
the hearing, file a notice with the Board. Notice may be
waived or a failure to give notice may be excused by the Board
within its discretion.
(c) Any person permitted to make an oral presentation is
encouraged to submit a written copy of the presentation to the
executive secretary prior to or at the hearing. A request to
make an oral presentation should contain a brief summary of
the individual's views with respect thereto, and a statement of
the length of time the individual intends to speak. Presentations
may not exceed 10 minutes unless, upon request, either before
or at the hearing, the Board grants an extension of time, within
its discretion.
(d) Upon receipt of a request to make an oral presentation the
executive secretary will acknowledge receipt of the request, and
inform the person making the request of the imposition of any
limitations deemed necessary to the end of a full and effective
public hearing on the proposed rule.
(e) Any person may file a written submission containing
data, comments or arguments, arguments after publication of a
rule-making notice up t o, and including, th e day of the hearing
and wi t hin 10 days, following the hearing unless a longe r
p e riod is stated in the p ar t icular notice o r an extension of t ime
is g r anted fo r good cause following no t ice, as allowed by G.S.
150B-21.2(fi. Written submissions, except when otherwise
stated in the particular rule-making notice, should be sent to the
Board. Such submissions should clearly state the proposed
rule(s) to which the comments are addressed.
(f) Upon receipt of such written comments, prompt
acknowledgment will be made.
(g) The presiding officer at the hearing shall have complete
control of the proceedings, including extensions of any time
requirements, recognition of speakers, time allotments for
presentations, direction of the flow of the discussion and the
management of the hearing. The presiding officer, at all times,
shall take care that each person participating in the hearing is
given a fair opportunity to present views, data and comments.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1502
PROPOSED RULES
(h) A record of all rule-making proceedings will be
maintained at the Board's office.
Authority G.S. 89C-10.
.1205 DECLARATORY RULINGS
(a) Any person substantially affected by a statute
administered or rule promulgated by the Board may request a
declaratory ruling as to either whether or how the statute or rule
applies to a given factual situation or whether a particular
agency rule is valid.
(b) The Board will have the power to make such declaratory
rulings. All requests for declaratory rulings shall be written and
mailed to the Board.
(c) All requests for a declaratory ruling must include the
following information:
(1) name and address of petitioner;
(2) statute or rule to which petition relates;
(3) concise statement of the manner in which petitioner
is aggrieved by the rule or statute or its potential
application to hrrrtt petitioner:
(4) a statement of whether an oral hearing is desired, and
if so, the reasons for such an oral hearing.
(d) Whenever the Board believes for good cause that the
issuance of a declaratory ruling is undesirable, it may refuse to
do so. When good cause is deemed to exist, the Board will
notify the petitioner of its decision in writing stating reasons for
the denial of a declaratory ruling.
(e) Where a declaratory ruling is deemed appropriate, the
Board will issue the ruling within 60 days of receipt of the
petition.
(0 A declaratory ruling procedure may consist of written
submissions, oral hearings, or such other procedure as may be
appropriate in a particular case.
Authority G.S. 89C-10.
SECTION .1300 - BOARD DISCIPLINARY
PROCEDURES
.1301 IMPROPER PRACTICE BY A REGISTRANT
(a) General. Alleged improper practice by a registrant shall
be subject to Board investigation and disciplinary action by the
Board if necessary.
(b) Preferring Charges. Any person who believes that any
licensed Professional Engineer, Registered Land Surveyor or
firm holding a certificate of authorization is in violation of the
provisions of G.S. 89C or these Rules may prefer charges
against that person or firm by setting forth in writing those
charges and swearing to their authenticity. The charges are to
be filed at the Board's office in Raleigh, North Carolina.
(c) Preliminan,' Re\iew:
(1) Upon receipt of a properly tiled charge, an
investigation shall be initiated.
(2) A written notice and explanation of the charge shall
be forwarded to the person or firm against whom the
charge is made and a response is requested of the
person or firm so charged to show compliance with
all lawful requirements for retention of the license.
Notice of the charge and of the alleged facts or
alleged conduct shall be given personally or by
certified mail, return receipt requested.
(3) In the discretion of the executive secretary, a field
investigation may be performed.
(4) After preliminary evidence has been obtained, the
matter shall be referred to the Board's review
committee which is made up of the following
individuals:
(A) one member of the Board,
(B) the legal counsel of the Board, and
(C) the executive secretary of the Board.
(5) Upon review of the available evidence, the review
committee shall present to the Board a written
recommendation that:
(A) The charge be dismissed as unfounded or
trivial;
(B) When the charge is admitted as true, the Board
acce p t accepts the admission of guilt by the
person charged and orders him that person not
to conunit in the future the specific act or acts
admitted by him and. also, and also not to
violate any of the acts of misconduc t s p ecifi e d
in the law provisions of the Board Rules or the
statutes at any time in the future;
(C) The charge, whether admitted or denied, be
presented to the full Board for a hearing and
determination by the Board on the merits of
the charge in accordance with the substantive
and procedural requirements of the provisions
of Section .1400 of this Chapter and the
provisions of G.S. 150B; or
(D) Whether the charge is admitted or denied, the
Board give notice to the registrant of a
decision wi t hou t hearing contemplated action
as set out in Rule .1403(b).
(d) Board Decision. Notice of the decision by the Board on
recommendations of the review committee shall be given to the
party against whom the charges have been brought and the
party submitting the charge. Though it is not forbidden to do
so, the Board is not required to notify the parties of the reasons
of the Board in making its determination.
(e) Settlement Conference. When the Board issues a citation
for hearing or notice of a decisi o n — wi t hout — hearing,
contemplated action, the registrant may request in writing a
settlement conference to pursue resolution of the issue(s)
through informal procedures, ff IL after the completion of a
settlement confe r ence conference, the registrant and Board's
settlement committee do not agree to a resolution of the dispute
for the full Board's consideration, the original administrative
proceeding shall commence. During the course of the
settlement conference, no sworn testimony shall be taken nor
shall any witnesses be cross-examined.
(1) The Board's settlement committee shall be made up
of the following individuals:
1503
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
as well as all deeds and plats recorded after the date of the deed
or plat upon which the survey is being based.
(c) Except as provided in Paragraph (d) of the Rule, metal
stakes or materials of comparable permanence shall be placed
at all comers.
(d) Where a comer or impo r tan t p oin t falls in a right-of-way,
in a tree, in a stream, or on a fence post, boulder, stone, etc.,
one or more monuments or metal stakes shall be placed in the
boundary line so that the inaccessible point may be located
accurately on the ground and the map. Comers of a property
line on a road right-of-wav or margin shall be monumented at
the points of entry and exit. The intermediate comers need not
be monumented iL due to proximate location to the entry and
exit points, they may be confused with the entry and exit
points.
(e) The results of a survey when reported to the user of that
survey, whether in written or graphic form, shall be prepared
in a clear and factual manner. All reference sources shall be
identified. Artificial monimients called for in such reports shall
be described as found or set. When no monument is found or
set for points described m Paragraph (d) of this Rule, shown in
such reports, that fact shall be noted.
(f) Where the results of a survey are reported in the form of
a plat or a written description, one or more comers shall, by a
system of azimuths or courses and distances, be accurately tied
to and coordinated with a horizontal control monument of some
United States or State Agency survey system, such as the North
Carolina Geodetic Survey, where such monument is within
2000 feet of the subject property, right-of-way, easement or
other surveyed entity. Where the North Carolina grid system
coordinates of said monument are on file in the North Carolina
Department of Envir o nment. Health. Environment and Natural
Resources, the coordinates of both the referenced comer or
point and the monument(s) shall be shown in X (easting) and Y
(northing) coordinates on the plat or in the written description
or document. The coordinates shall be identified as based on
'NAD 83', indicating North American Datum of 1983 or as
'NAD 27' indicating North American Datum of 1927. The tie
lines to the monuments must be sufficient to establish tme north
or grid north bearings for the plat or description if the
monuments exist in pairs. Control monuments within a
previously recorded subdivision may be used in lieu of grid
control. In the interest of bearing consistency with previously
recorded plats, existing bearing control may be used where
practical. In the absence of Grid Control, other natural or
artificial monuments or land marks landmarks shall be used. In
all cases, the tie lines shall be sufficient to accurately reproduce
the subject lands from the control or reference points used.
(g) Area is to be computed by double meridian distance or
equally accurate method and shown on the face of the plat,
written description or other document. Area computations by
estimation, by planimeter, by scale, or by copying from
another source are not acceptable methods, except in the case
of tracts containing inaccessible areas and in these areas the
method of computation will be clearly stated.
Authority G.S. 89C-10; 89C-21.
.1603 CLASSIFICATION OF BOUNDARY
SURVEYS
(a) General. Boundary surveys are defined as surveys made
to establish or to retrace a boundary line on the ground, or to
obtain data for constmcting a map or plat showing a boundary
line. For the purpose of this Rule the term refers to all
surveys, including "loan" or "physical" surveys, which
involves involve the determination or depiction of property
lines. For the purpose of specifying minimum allowable
surveying standards for boundary surveys, four general
classifications of lands in North Carolina are established from
the standpoint of their real value, tax value, or location. Each
map shall contain a statement of the calculated ratio of precision
before adjustments.
(b) Local Control Network Surveys (Class AA). Local
control network surveys are traverse networks utilizing
permanent points for the purpose of establishing local
horizontal control networks for future use of local surveyors.
For Class AA boundary surveys in North Carolina, the angular
error of closure shall not exceed ten seconds times the square
root of the number of angles tumed. The ratio of precision
shall not exceed an error of closure of one foot per 20,000 feet
of perimeter of the parcel of land (1:20,000).
(c) Urban Land Surveys (Class A). Urban surveys include
lands which normally lie within a town or city. For Class A
boundary surveys in North Carolina, the angular error of
closure shall not exceed 20 seconds times the square root of the
number of angles turned. The ratio of precision shall not
exceed an error of closure of one foot per 10,000 feet of
perimeter of the parcel of land (1 : 10,000).
(d) Suburban Land Surveys (Class B). Suburban surveys
include lands in or surrounding the urban properties of a town
or city. For Class B boundary surveys in North Carolina, the
angular error of closure shall not exceed 25 seconds times the
square root of the number of angles tumed. The ratio of
precision shall not exceed an error of closure of one foot per
7,500 feet of perimeter of the parcel of land (1 :7,500).
(e) Rural and Farmland Surveys (Class C). Rural and
farmland surveys include lands located in mral areas of North
Carolina and generally outside the suburban properties. For
Class C boimdary surveys in North Carolina, the angular error
of closure shall not exceed 30 seconds times the square root of
the number of angles tumed. The ratio of precision shall not
exceed an error of closure of one foot per 5,000 feet of
perimeter of the parcel of land (1:5,000).
Authority G.S. 89C-10; 89C-21.
. 1 604 MAPPING REQUIREMENTS FOR
BOUNDARY SURVEYS
(a) The size of a map shall be such that all details can be
shown clearly.
(b) Any lines which are not actually surveyed must be clearly
indicated on the map and a statement included revealing the
source of information from which the line is derived.
(c) Any revision on a map after a surveyor's seal is affixed
shall be noted and dated.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1506
PROPOSED RULES
(d) All surveys based on the North Carolina grid system shall
contain a statement identifying the coordinate system used as
the North American Datum of 1983 ("NAD 83") or the North
American Datum of 1927 ("NAD 27").
(e) All plats (maps), unless clearly marked as "Preliminary
Plat - Not for recordation, conveyances, or sales" shall be
sealed, signed and dated by the Registered Land Surveyor and
shall contain the following:
(1) An accurately positioned north arrow coordinated
with any bearings shown on the plat. Indication shall
be made as to whether the north index is true,
magnetic. North Carolina grid ('NAD 83' or
'NAD27'), or is referenced to old deed or plat
bearings. If the north index is magnetic or
referenced to old deed or plat bearings, the date and
the source (if known) such index was originally
determined shall be clearly indicated.
(2) The azimuth or courses and distances of every
property line surveyed shall be shown. Distances
shall be in feet or meters and decimals thereof. The
number of decimal places shall be appropriate to the
class of survey required.
(3) All plat lines shall be horizontal or grid
measurements. All lines shown on the plat shall be
correctly plotted to the scale shown. Enlargement of
portions of a plat are acceptable in the interest of
clarity, where shown as inserts. Where the North
Carolina grid system is used the grid factor shall be
shown on the face of the plat. If grid distances are
used, it must be shown on the plat.
(4) Where a boundary is formed by a curved line, the
following data must be given: actual survey data, or
as a traverse of bearings and distances around the
curve. If standard curve data is used the bearing and
distance of the long chord (from point of curvature to
point of tangency) must be shown on the face of the
plat.
(5) Where a subdivision of land is set out on the plat, all
streets and lots shall be accurately plotted with
dimension lines indicating widths and all other
information pertinent to retracing all lines in the
field. This shall include bearings and distances
sufficient to form a continuous closure of die entire
penmeier.
(6) Where control comers have been established in
compliance with G.S. 39-32.1, 39-32.2, 39-32.3,
and 39-32.4, as amended, the location and
information as required in the r efe r enc e referenced
stamte shall be plotted on the plat. All other comers
which are marked by monument or natural object
shall be so identified on all plats, and where practical
all comers of adjacent owners along the boundary
lines of the subject tract which are marked by
monument or natural object shall be shown.
(7) The surveyor shall show one of the following where
they could be determined:
(A) The names of adjacent land owners; or
(B) The lot, block, parcel and subdivision
designations; or
(C) Other legal reference where applicable.
(8) All visible and apparent rights-of-way, easements. A
watercourses, utilities, roadways, and other such ▼
improvements shall be accurately located where
crossing or forming any boundary line of the
property shown.
(9) Tie lines as required and defined in Rule .1602(f) of
this Section shall be clearly and accurately shown on
the face of the plat, whether or not the plat is to be
recorded.
(10) A vicinity map (location map) shall appear on the
face of the plat.
(11) Each map shall contain the property designation,
name of owner or prospective owner, location
(including township, county, and state), and the date
or dates die survey was conducted. In addition each
map will contain a scale of the drawing listed in
words or figures, figures: a bar-graph when required
or necessary, necessary: the name, address,
registration number, and seal of the su r v e y or ,
surveyor: the title source; source: and a legend
depicting nomenclature.
Authority G.S. 89C-10; 89C-21.
SECTION .1700 - CONTINUING
PROFESSIONAL COMPETENCY
.1703 REQUIREMENTS
Every registrant is required to obtain 15 PDH units during the
renewal p)eriod. If a registrant exceeds the annual requirement
in any renewal period, a maximum of 15 PDH units may be
carried forward into the subsequent renewal period. Selection
of courses and activities which meet the requirements of Rule
.1702 Item (4) of this Section is the responsibility of the
registrant. Registrants have the option of selecting courses
other than those offered by sponsors. Post evaluation of
courses offered by other than sponsors as defined in Rule . 1702
Item (6) of this Section could result in non-acceptance. PDH
units may be earned as follows:
( 1 ) Completion of college courses .
(2) Completion of continuing education courses.
(3) Completion of correspondence, televised,
videotaped, audiotaped, and other short
courses/tutorials.
(4) Presenting or attending seminars, in-house courses,
workshops, or professional or technical presentations
made at meetings, conventions or conferences.
(5) Teaching or instmcting in Items (1) through (4) of
this Rule.
(6) Authoring published papers, articles, or books.
(7) Active participation in professional or technical
societies.
(8) Patents.
(9) Authoring exam questions accepted for use in the
7507
NORTH CAROLINA REGISTER
February 16, 1998
12:16
PROPOSED RULES
^
>
i
national engineering or land surveying exam.
Authority G.S. 89C'10(a); 89C-17.
.1704 UNITS
The conversion of other units of credit to PDH units is as
follows:
(1) 1 College or unit semester hour 45 PDH
(2) 1 College or unit quarter hour 30 PDH
(3) 1 Continuing Education Unit 10 PDH
(4) 1 Hour of professional development in course work,
seminars, or professional or technical presentations
made at meetings, conventions or
conferences. 1 PDH
(5) For teaching in Items (1) - (4) of this Rule, PDH
credits are doubled*.
(6) Each published paper, article or book. 10 PDH
(7) Active participation in professional and technical
society. (Each organization.) 2 PDH
(8) Each patent 10 PDH
(9) Each question used. 5 PDH
♦Teaching credit is valid for teaching a course or seminar for
the first time only. Teaching credit does not apply to full-time
facility, faculty, as defuied by the institution where a registrant
is teaching.
Authority G.S. 89C-10(a); 89C-17.
1705 DETERMINATION OF CREDIT
The Board of Registration has final authority with respect to
approval of courses, sponsors, credit, PDH value for courses,
and other methods of earning credit.
(1) Credit for college or community college courses will
be based upon course credit established by the
college.
(2) Credit for seminars and w or ksh op s, workshops will
be based on one PDH unit for each hour of
attendance. Attendance at programs presented at
professional and technical society meetings will earn
PDH units for the actual time of each program.
(3) Credit determination for published papers, articles
and books and obtaining patents is the responsibility
of the registrant.
(4) Credit for active participation in professional and
technical societies (limited to 2 PDH per
organization), requires that a licensee serve as an
officer or actively participate in a committee of the
organization. PDH credits are not earned until the
end of each year of service is completed.
Authority G.S. 89C-10(a): 89C-17.
.1711 FORMS
All renewal Renewal applications wtW may require the
completion of a continuing education form specified by the
board outlining PDH credit claimed. The registrant must
supply sufficient detail on the form to permit audit verification,
must certify and sign the continuing education form, and
submit the form with the renewal application and fee.
Authority G.S. 89C-10(a); 89C-17.
TITLE 26 - OmCE OF ADMINISTRATIVE
HEARINGS
Notice is hereby given in accordance with G.S. 150B-21.2
that the Office of Administrative Hearings intends to
adopt rules cited as 26 NCAC 4 .0201 - .0204 and amend
.0101. Notice of Rule-making Proceedings was published in
the Register on December 15, 1997.
Proposed Effective Date: August 1, 1998
A Public Hearing will be conducted at 10:00 a.m. on March
19, 1998 at 422 N. Blount Street, Hearing Room 102. Raleigh,
NC.
Reason for Proposed Action: The Office of Administrative
Hearings adopted these as temporary rules and intends to adopt
these as permanent rules to implement Section 2 of SL 1997-
520 which granted the authority to the Civil Rights Division of
the Office of Administrative Hearings to investigate and to
determine probable cause in alleged political discrimination
complaints.
Comment Procedures: Any interested person may present
their views either orally or in writing at the hearing. Any other
written comments should be directed to Susana Honeywell,
Rule-making Coordinator, by mail to: PO Drawer 27447,
Raleigh, NC 2761 1-7447 or faxed to: 733-3407. All comments
must be received by noon on March 19, 1998.
Fiscal Note: These Rules do not affect the experulitures or
revenues of state or local government funds. These Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 4 - CIVIL RIGHTS DIVISION
SECTION .0100 - GENERAL
.0101 INTRODUCTION
(a) — The Equal Employm e n t O pp o r tuni t y Commission
(EEOC) has designa te d the No r th Carolina State Office o f
Adminis tr a t ive Hearings as a 706 Defe rr al Agency. Th e No r th
Carolina Gene r al Assembly has designated th e Office of
Administ r a t ive Hearings as t h e State's 706 Defe rr al Agency in
G.S. 7A-75 9 .
(b) The Office of Adminis t ra t ive H e arings (OAH) acce p ts
defei r al by t he EEOC of the following classes of charges filed
wi t h the EEOC in North Carolina: All charges alleging r ace,
colo r , sex, r eligion, age o r na t ional o r igin discrimination in
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1508
PROPOSED RULES
em p loymen t , or ret aliation fo r opposition lo such alleged
disc i imina t i o n. fil e d by pr evi o us and cu rr ent s t ate employees o r
a pp licants f o r em p loyment wh o wer e o r are subjec t to N or th
Carolina General S t a t ut e s Sec t i o n 120-16 and which have been
filed wi t h t he CCOC within t he t im e limi t s set forth in 2 9
C.r.R. 1 6 01.13 and 2 9 C.r.R. 1626. 7(b).
(c) The Civil Rigjits Division is t he uni t within the Office of
Administrative Hearings chai ' gcd with the resp o nsibili t y of
ca r rying out the investiga t i o ns and conciliations of defe rr ed
cha r ges.
(d) The Civil Rights Division wttt shall process all deferred
charges in accordance with applicable administrative rules.
p olicies, guidelines and standai ' ds promulgated by CCOC.
tc) The the Federal regulations implementing Title VII of the
Civil Rights Act of 1 9 64 o r 1964. the Age Discrimination in
Employment Ac t or Act, and the Americans with Disabilities
Act bo t h and which are published in 29 C.F.R.. Parts 900
through 1899 ar e ad o pt e d and are hereby incorporated by
reference to include subsequent amendments. Copies of 29
C.F.R.. Pans 900 through 1899 are available at a cost of
twenty-one dollars ($21.00) from the Government Printing
Office. Superintendent of Documents. Attn. New Orders. PO
Box 371954. Pittsburgh. PA 15250-7954. and shall g overn the
pr ocessing of d e fe rr ed charges. This ado p ti o n is in acco r dance
wi t hG.S. 150D-14(c).
Authority G.S. 7A-751; 7A-759.
SECTION .0200 - POLITICAL
DISCRIMINATION COMPLAINTS
.0201 DEFESTTIONS
In addition to the definitions in G.S. 126-14.2. the following
definitions apply to this Section:
(1 ) "Complainant" means a state employee or applicant
for initial state employment who files a political
discrimination complaint with the Civil Rights
Division of the Office of Administrative Hearings
according to G.S. 126-14.4.
(2) "Complaint" means a proceeding pursuant to this
Section to resolve a dispute between an agency and
another person that involves alleged political
discrimination.
(3) "File or filing" a political discrimination complaint
means to place the paper or document to be filed into
the care, custody and acceptance of the Civil Rights
Division.
(4) "No Probable Cause Determination" means the Civil
Rights Division concludes that a violation of G.S.
126-14.2 has not occurred.
(5) " Probable Cause Determination" means the Civil
Rights Division concludes that a violation of G.S.
126-14.2 has occurred.
(6) "Respondent" means a state, county, or local agency
or depanment subject to Chapter 126 against whom
a political discrimination complaint is filed.
(7) "Serve or Service" means personal deliven,- or
£8i
delivery by first class United States Postal Service
Mail or a licensed overnight express mail service,
postage prepaid and addressed to the person to be
served at Ms or her last known address. Service by
mail or overnight express mail is complete upon
placing the item to be served, enclosed in a wrapper
addressed to the person to be served in an official
depository of the United States Postal Service or
upon delivery, postage prepaid and wrapped in a
wrapper addressed to the person to be served to an
agent of the overnight express mail service.
"Third Party " means the person who has been
allegedly hired or promoted in violation of G.S. 126-
14.2.
Authority G.S. 7A-751; 126-14.4; 150B-2.
.0202 CONTENT AND RLING PROCEDURES
(a) Forms for filing political discrimination complaints may
be obtained from the Civil Rights Division. PO Drawer 27447.
Raleigh. NC 27611-7447 or 919-733-0431. An>' person
wishing to file a complaint of alleged political discrimination
shall address the complaint to:
Director of Civil Rights Division
PO Drawer 27447
Raleigh. NC 27611-7447
(b) The complainant may file a political discrimination
complaint and related documents by facsimile (fax)
transmission during regular office hours as defined in 26
NCAC I^ 0102. The faxed complaints and documents will
be deemed a "filing" within the meaning of 26 NCAC 4
.0201(3) provided the original complaint or documents are
received by the Civil Rights Division within five business
days following the faxed transmission.
(c) The complaint shall include the following information:
Full name, address and telephone number (work
and home) of person making the complaint:
Full name, address and telephone number of the
agency against whom the complaint is made (the
respondent):
The basis of the complaint (hiring or promotion):
The date the alleged discrimination occurred:
The name(s) of the individual(s) hired or
promoted:
(6) A statement disclosing the particulars of the
employment decision:
(7) The signature of the person making the complaint:
and
(8) The date the complainant signed the complaint.
Authority G.S. 7A-751: 126-14.4.
.0203 TIME
Unless otherwise provided in the Rules of the Office of
Administrative Hearings or in a specific statute, time
computations in political discrimination complaints before
the Civil Rights Division shall be governed by G.S. IA-1.
ill
i2l
01
14)
£5J
1509
MORTH CAROLL\A REGISTER
February 16, 1998
12:16
PROPOSED RULES
)
Rule 6.
Authority G.S. 7A-751; 126-14.4.
.0204 INITIAL DETERMINATION
The initial determination of probable cause or no probable
cause shall be issued by the Director of the Civil Rights
Division within 30 days of the filing of the complaint and
forwarded to the complainant, respondent and the third party.
Authority G.S. 7A-751; 126-14.4.
^
12:16 NORTH CAROLINA REGISTER February 16, 1998 1510
TEMPORARY RULES
The Codifier of Rules has entered the following temporary- nde(s) in the North Carolina Administrative Code. Pursuant
to G.S. 150B-21.1 (e), publication of a temporary nde in the North Carolina Register serves as a notice of rule-making
proceedings unless this notice has been previously published by the agency.
TITLE 7 - DEPARTMENT OF CLXTURAL
RESOURCES
Rule-making Agency: USS North Carolina Battleship
Commission
Rule Citation: 7 NCAC 5 .0203
Effective Date of Temporary Rule: March 1. 1998
Proposed Effective Date for Permanent Rule: August 1,
1998
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-making: G.S. 143B-73
A public hearing will be conducted at 10:00 a.m. on March
19, 1998 at the Captain's Cabin, Battleship North Carolina,
Eagle Island, Wilmington, NC.
Reason for Proposed Action: To increase the admissions
rates to tour the Battleship North Carolina. Notice of
Rulemaking Proceedings was published in the Register on
January 2. 1997.
Comment Procedures: Provide comments in writing to
Director, Battleship North Carolina, PO Box 480, Wilmington,
NC 28402-0480 no later than 30 days of the publication of this
temporary change. Public Hearing on the proposed changes to
be held in the Captain 's Cabin onboard the Battleship North
Carolina, Wilmington, NC at 10:00 a.m. on March 19, 1998.
CHAPTER 5 - U.S.S. NORTH CAROLINA
BATTLESHIP COMMISSION
SECTION .0200 - USE REGLXATIONS
.0203 AD\nSSION PRICES
(a) The admission price for the Battleship U.S.S. Nonh
Carolina is si.x dollars (56.00) eight dollars ($8.00) for persons
age 12 and over, th r ee dollars (53.00) four dollars ($4*00) for
children age 6 through 11, one dollar and fifty cents (51.50)
two dollars (S2.00) per student for organized school groups in
grades kinderganen through 6, and th r ee dollars (53.00) four
dollars ($4.00) per student for organized school groups in
grades 7 through 12.
(b) There is no charge for children under 6.
(c) Classroom teachers, aides, and chaperones accompanying
students in class field trips will be admitted without charge at
the rate of one teacher/aide'chaperone for each 10 students.
(d) Tour groups under auspices of bona fide t r avel agents
will be offered a 20 p e r cen t discoun t . — Tour directors and
drivers will be adnTitted with o u t charg e .
(e) Any o r ganized g r ou p o f 20 or more will be offered a 10
percent discount when tickets are pu r chased by a single source.
History Note: Authority G.S. 143B-73;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. January 1, 1993; January 1, 1990; June 1, 1989;
February 1, 1987;
Temporary Amendment Eff. January 1, 1997;
Amended Eff. April 1, 1997;
Temporary Amendment Eff. January 1, 1997 Expired on
September 29, 1997;
Temporary Amendment Eff. March 1. 1998.
TITLE ISA - DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
Rule-making Agency: Department of Environment and
Natural Resources
Rule Citation: 15A NCAC IN .0101 - .0103, .0201 - .0203,
.0301 - .0304, .0401 - .0403, .0501 - .0503, .0601 - .0606.
.0701 - .0705, .0801 - .0802, .0901 - .0902
Effective Date: January 31, 1998
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-making: G.S. 159G-5(d); 159G-15
Reason for Proposed Action: To establish procedures arui
criteria for making low interest loans from the Drinking Water
State Revolving Fund (DWSRF).
Comment Procedures: Comments, statements, data, and
other information may be submitted in writing after publication
of this issue of the North Carolina Register. Copies of the
proposed ndes and application packages may be obtained by
contacting Sid Harrell in the Public Water Supply Section at
(919) 733-2321. Written commerus may be submitted to Jessica
G. Miles, P.E., Section Chief, Public Water Supply Section,
Di\ision of Environmental Health, PO Box 29536, Raleigh, NC
27626-0536.
CHAPTER 1 - DEPARTMENTAL RUXES
SUBCHAPTER IN - DRINKING WATER
TREATMENT FL'ND RLXES
1511
NORTH CAROLINA REGISTER
February 16, 1998
12:16
TEMPORARY RULES
SECTION .0100 - GENERAL PROVISIONS
.0101 PURPOSE
Loans for public water systems from the Drinkin g Water
Treatment Revolving Loan fiind established by G.S. 159G-5(d)
shall be made in accordance with this Subchapter.
History Note: Authority G.S. 159G-5; 159G-15;
Temporarx Adoption Eff. January 31. 1998.
.0102 DEFINITIONS
The following definitions shall apply to this Subchapter:
(1) "Act" means the N.C. Drinking Water Act. G.S.
130A-311 et. seq:
'Division" means the Division of Environment
01
01
(41
15J
16]
Health. Department of Environment and Natural
Resources:
"Fund" means the Drinking Water Treatment
Revolving Loan fund established by G.S. 159G-5(d):
" Intended Use Plan" means an annual plan to identify
the proposed uses of the amount available in the state
revolving fund:
"MCL" means maximum contaminant level which is
the permissible level of a contaminant in water which
is delivered to any user of a public water system:
"Receiving agency" means the Division of
Environmental Health.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0103 APPLICABLE PROCEDURES
Loans from the Fund will be made in accordance with
guidelines found in the "Drinking Water State Revolving Fund
Program Guidelines." published by tlie United States
Environmental Protection Agency. Office of Water, on
February 28. 1997 (EPA 816-R-97-005) which is hereby
incorporated by reference including any subsequent
amendments and additions. This material is available for
inspection at the Department of Environment and Natural
Resources. Division of Environmental Health. 2728 Capital
Boulevard. Raleigh. North Carolina. Free copies may be
obtained from the U.S. Environmental Protection Agency by
telephoning 1-800-426-4791. The guidelines are also available
on-line at http://www.epa. gov. OGWDW/regs/intro. html.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
SECTION .0200 - AVAILABILITY OF LOANS
shall be available solelv for providing assistance to public water
systems which regularly serve fewer than 10.000 persons to the
extent such funds can be obligated for eligible projects.
(c) During any fiscal year a maximum of five percent of the
annual allocation may be used for loans for project planning
purposes only.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0202 LOAN RESTRICTIONS
(a) Loans shall not be used for the acquisition of real
property or interests therein, unless the acquisition is integral
to a project authorized under this Subchapter and the purchase
is from a willing seller.
(b) Except as provided in Paragraph (c) of this Rule no
assistance shall be provided to a public water system that does
not have the technical, managerial, and financial capacity to
ensure compliance with the requirements of tlie Act or to a
public water system that is in significant non-compliance with
any requirement of the Act or with a variance authorized under
tlie Act as evidenced by administrative penalty, administrative
order or court action against the water system. A determination
of technical, managerial, and financial capacity will be based
upon a review of finances, compliance with a pplicable public
health, environmental and utility laws, and the experience and
certification level of tlie water system operator as evidenced by
the submission of a business plan as required by Section .0400
of this Subchapter.
(c) A public water system in significant non-compliance with
the Act may receive assistance if the assistance will ensure
compliance with the Act. A public water system that does not
have technical, managerial, and financial capacity may receive
assistance if the owner or operator shall agree to undertake
feasible and appropriate changes in operation of the water
system that will ensure the system will achieve technical,
managerial, and financial capacity over the long-term.
(d) Each applicant shall establish a dedicated source of
revenue or demonstrate that there is adequate security for
repayment of the loan.
(e) Funding will be limited to the most cost-effective
solution for the compliance or public health problem identified
in a proposed project.
(f) Funding will be limited to the eligible portions of a
project containing ineligible segments.
(g) Funding shall not be available for federally owned public
water systems.
History Note: Authority G.S. 159G-5: 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0201 AVAILABILITY OF LOANS
(a) Loans are available only for projects that appear on the
state approved intended use plan submitted to tlie U.S.
Environmental Protection Agency and that are in compliance
with the requirements of this Subchapter.
(b) During any fiscal year 1 5 percent of the annual allocation
.0203 ADMINISTRATIVE EXPENSES
Agreement to a debt instrument by a loan applicant shall
include payment of a two percent closing fee which is an
ineligible project cost. These monies shall accrue to be used
only for the reasonable costs of administering the Fund.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1512
TEMPORARY RULES
History Note: Authority G.S. 159G-5: 159G-15;
Temporary Adoption Eff. January 31. 1998.
SECTION .0300 - ELIGIBILITY REQUIREMENTS
.0301 DETERMINATION OF ELIGIBILITY
(a) Eli gibility of applicants shall be determined in
accordance with G.S. 1590-3(2) and G.S. 159G-9.
(b) Applications shall bg returned to ineligible applicants.
(c) An application may not be filed after the award of a
construction contract on a project, except when m applicant is
subject to an administrative order issued by the Division or a
le gally enforceable deadline.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0302 ELIGIBLE PROJECTS
(a) Projects that will facilitate compliance with the North
Carolina Drinking Water Act or federal Safe Drinking Water
Act or further health protection imder the criteria of Rule .0602
of this Subchapter shall be eligible for funding under this
Subchapter. Eli gible projects include those that:
(1) Rehabilitate or develop sources to replace
contaminated sources of drinking water;
(2) Install or upgrade treatment to meet state or federal
re gulations;
£3) Install or upgrade eligible storage to prevent entry of
microbiological contamination;
(4) liistall or replace transmission or distribution pipes to
prevent contamination;
(5) Consolidate or restructure water systems; or
(6) Purchase capacity in another water system.
(b) Types of projects which are not eligible for funding are:
(1) Dams or rehabilitation of dams;
(2) Water rights, except if the water rights are owned by
a system that is being purchased through
consolidation as part of a capacity development
strategy;
(3) Reservoirs, except for finished water reservoirs and
those reservoirs that are part of treatment process and
are located on the property where the treatment
facility is located;
(4) Laboratory fees for monitoring;
(5) Operation and maintenance expenses;
(6) Projects needed mainly for fire protection: or
(7) Projects primarily intended to serve future growth.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0303 ELIGIBLE PROJECT COSTS
(a) Project construction costs eligible for a loan under this
Subchapter are limited to:
( 1) Planning, including system and needs assessment, the
preparation of a local water supply plan and the
preparation of a business plan;
(2) Environmental assessment reports, including all
federal cross-cutters;
13J Design;
(4) Construction:
(5) Legal, fiscal, and administrative costs:
(6) Contingency costs; and
(7) Land acquisition integ ral to the project.
(b) Loans may be U2 to iOO percent of allowable
construction project costs.
(c) Loans made for project planning purposes only are
available for acute, immediate, and chronic health hazards as
determined in Rule .0602 of this Subchapter.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0304 MAXIMUM LOAN AMOUNT
The maximum principal amount of loan commitment from
any fiscal vear's allocation made to an applicant shall be three
million dollars ($3.000.000). except that the maximum amount
of loan commitment from any fiscal year's allocation for a
project planning purposes onlv loan shall be twenty-five
thousand dollars ($25.000).
History Note: Authority G.S. 159G-5: 159G-15;
Temporary' Adoption Eff. January 31. 1998.
SECTION .0400 - APPLICATIONS
.0401 nLEVG DEADLINES
Applications for loans shall be postmarked or delivered to the
Division of Environmental Health on or before September 30
of each year in order to be approved for loan funds available
during the following fiscal year, except February 13. 1998. for
FY 96/97 SRF funds.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0402 APPLICATION PROCEDURES
(a) Applications for loans shall be submitted on forms
provided by the Division and shall be accompanied by all
documents such as the Preliminary Engineering Report (PER).
assurances, and other information required by the instructions
for completing and filing the applications. Information
concerning any grant or loan funds from any other source for
which the applicant has applied shall be disclosed on the
application.
(b) Ever\' application shall be accompanied by an adopted
resolution or other documentation as required by G.S. 159G-
9(4). The resolution or documentation shall be certified or
attested to as a true and correct copy as adopted.
(c) An applicant shall furnish additional information upon
the request of the Division.
(d) A project shall not receive a priority rating unless the
application contains sufficient information on the day of rating
for the receiving agency to review and assign priority points in
1513
NORTH CAROLINA REGISTER
February 16, 1998
12:16
TEMPORARY RULES
accordance with Section .0600 of this Subchapter.
(e) An application may be withdrawn from consideration
upon request of the applicant but if resubmitted shall be
considered as a new application.
History Note: Authority G.S. 159G-5; 159G-15:
Temporary Adoption Eff. January 31. 1998.
.0403 PROJECT SCHEDULE AND RESOLUTION
Every application shall be accompanied by a project schedule
specifying dates for milestone events including:
jJQ business plan submittal as required by the Division:
(2) plans and specifications submission and approval:
(3) a rate schedule submittal:
(4) bid opening and award:
(5) construction start: and
(6) project completion.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January' 31. 1998.
SECTION .0500 - REVIEW AND ASSIGNMENT
OF PRIORITIES
.0501 PRIORITY REVIEW PERIOD
The priority review period shall be from October 1 until June
30 of the following vear. except that for FY 96/97 Funds it
shall be from February 14 until September 30. 1998.
History Note: Authority G.S. 159G-5; 159G-15;
Temporan- Adoption Eff. January 31. 1998.
.0502 ASSIGNMENT OF PRIORITIES
(a) During each review period the Division will assign a
prioritv rating to each eli gible application for inclusion in the
state intended use plan: the priority rating shall be determined
in accordance with the rating criteria and points contained in
Section .0600 of this Subchapter.
£b] The Division may exercise discretionary authority to
establish a priority rating when two or more applications
receive the same number of priority points. The project
receiving the most points for public health and compliance shall
receive the greater priority. If the public health points awarded
the projects are equal, the project with the smaller population
shall receive the greater priority. If points are still equal, the
project with the greatest financial need as determined in
accordance with Rule .0605 of this Subchapter shall receive the
higher ranking.
(c) Only the eligible portions of a project containing
ineligible segments will receive a priority rating.
(d) The Division may assign a different priority rating to
each substantially independent part of a proposed project.
(e) Any applications that are not awarded assistance during
a review period will be held over and considered for a second
review in accordance with G.S. 159G-10(d).
History Note: Authority G.S. 159G-5; 159G-15;
Temporan,' Adoption Eff. January 31. 1998.
.0503 INTENDED USE PLAN
A state intended use plan containing the priority rating of
each eligible project will be prepared by the Division. The
intended use plan will include a comprehensive priority list
identifying which projects are intended to be funded in the
current year and in fumre years . The projects that are expected
to be funded in the current year will be so noted. The priority
rating of eligible projects will be published and an opportunity
for public hearing will be provided before funds are awarded.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
SECTION .0600 - PRIORITY CRITERIA
.0601 GENERAL CRITERIA
(a) , In determining the priority to be assigned each eligible
application the Division will consider whether the project will:
(1) Address the most serious risk to human health.
(2) Facilitate compliance with the N.C. Drinking Water
Act or the federal Safe Drinking Water Act, and
(3) Assist systems most in need on a 2£I household
basis.
(b) The total priority points received will be the sum of all
points awarded for each categorical element.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0602 PUBLIC HEALTH AND COMPLIANCE
Public health and compliance points may be awarded to a
project based on the following criteria. A proposed project
shall be necessary to facilitate compliance with the N.C.
Drinking Water Act or the federal Safe Drinking Water Act and
to alleviate the type of public health concern for which points
are awarded. A project will receive only points in the highest
sub-category for which it may qualify:
(1) Acute/Imminent Health Hazards. A maximum of
150 points will be awarded to projects that propose
to eliminate any one or more of the following acute,
ongoing health hazards to the consumer:
(a) Projects that address documented nitrate,
nitrite or fecal coliform MCL violations, or
contaminant levels in drinking water which
constitute acute health risks as defined in 40
C.F.R 141.32(a)(l)(iii) which is incorporated
bv reference at 15A NCAC 18C .1523: or
(b) Projects that eliminate any contaminant in the
public water system that poses an acute risk or
imminent hazard to public health as
determined by the State Health Director or a
health risk assessment from the Division of
Epidemiologv. Department of Health and
Human Services in accordance with G.S.
130A-2(3).
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1514
TEMPORARY RULES
(2) Immediate Health Hazards. A maximum of 100
points will be awarded to projects that propose to
eliminate any one or more of the following
immediate health hazards 12 the consumer:
(a) Projects that address surface water treatment
technique violations occurring for two or more
consecutive months;
(b) Projects that resolve any microbiological MCL
problems for a water system with three or
more microbiological MCL violations during
the previous 12 months:
(c) Projects that propose filtration for a surface
water source or for a well that is determined to
be under the direct influence of surface water
by the Depanment that does not currently
have filtration:
(d) Projects that address the inability of a public
water system to inactivate giardia and viruses
in accordance with 15A NCAC 18C .2001: or
(e) Projects that address documented recurrent
water outages or low pressure below the
requirements of 15A NCAC 18C .0901 . Only
problems that affect human consumption of
drinking water will be considered for award of
points under this criteria.
(3) Chronic Health Hazards. A maximum of 60 points
will be awarded to projects that propose to eliminate
any one or more of the following chronic health
hazards to the consumer:
(a) Projects that address exceedances of the lead
and copper action levels under 15A NCAC
18C .1507:
(b) Projects that address violations of inorganic or
organic chemical or contaminant MCLs under
15A NCAC 18C .1510. .1517. and .1518:
(c) Projects that address violations of radiological
contamination MCLs under 15A NCAC 18C
.1520 and .1521: or
(d) Projects that address a chronic health hazard
as determined by the State Health Director or
a health risk assessment from the Division of
Epidemiology. Department of Health and
Human Services.
(4) Potential Health Hazards. A maximum of 40 points
will be awarded to projects that propose to eliminate
any one or more of following potential health hazards
to the consumer:
(a) Projects that address low chlorine residuals in
the distribution system:
(b) Projects that address periodic violations of an
MCL:
(c) Projects for line installation or extensions to
areas with poor water quality or limited
quantity:
(d) Projects to develop new sources of water, to
augment existing sources, or to expand
treatment capacity to meet current demand
when the average daily demand for the
previous 12 months equals or exceeds the
available water supply as calculated in local
water supply plans prepared in accordance ^
with G.S. MS-SSSd) or the maximum day m
demand for the previous 12 months equals or ^
exceeds the approved water treatment plant
design capacity: or
(e) Projects to provide disinfection for a system
that currently does not have disinfection.
£5} System Improvements. A maximum of 20 points
will be awarded for projects that will provide any
one or more of the following general system
improvements when needed for public health
purposes:
(a) Projects that replace water supply production
or treatment equipment that is undersized.
malfunctioning or has exceeded its useful life:
(b) Projects that replace undersized or leaking
water lines:
(c) Projects that address other water quality
concerns such as iron, manganese, taste, and
odor:
(d) Projects to bring existing facilities to current
design standards which affect water quality
such as treatment, chemical storage and
application, pumping facilities, finished
storage, distribution systems:
£ej Projects that eliminate dead ends and provide
looping in a distribution system: A
(f) Projects that increase water storage capacity: V
(g) Projects to develop new sources of water, to
augment existing sources, or to expand
treatment capacity to meet current demand
when the average daily demand for the
previous 12 months exceeds 80 percent of the
available water supply as calculated in local
water supply plans prepared in accordance
with G.S. 143-355(1) or the maximum day
demand for the previous 1 2 months exceeds 80
percent of the approved water treatment plant
design capacity: or
(h) Projects for installation or u pgrade of water
treatment plant waste disposal facilities.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0603 CONSOLIDATION
A maximum of 10 points will be awarded in tliis categorical
element for projects that propose to improve water system
reliability by interconnecting with an existing water system, bv
purchasing systems in whole or in part, or by purchasing water
capacity from other systems, as follows:
(1) Projects that propose consolidation to provide water >
service to an existing community whose water supply f
caimot meet the rules governing public water systems "-
1515
NORTH CAROLINA REGISTER
February 16, 1998
12:16
TEMPORARY RULES
^
at 15A NCAC 18C. 10 poinis:
(2) Projecis that propose consolidation of existing water
systems will be awarded 5 points;
(3) Projects where consolidation is not physically
feasible. 5 points.
Hision Note: Authorm G.S. 159G-5: 159G-15:
Temporar\- Adoption Eff. January 31. 1998.
.0604 RELIABILITY
A maximum of 5 points will be awarded in this categorical
element to projects that propose to increase the reliability of the
water system; points may be awarded for both Items (1) and (2)
of this Rule u£ to the maximum, as follows;
(1) Projects that provide redundancy to critical treatment
or delivery functions, such as interconnection. 3
points;
(2) Projects that provide emergency backup electrical
power source. 3 points if not awarded points in Item
(1) of this Rule.
History Note: Authority G.S. 159G-5: 159G-15:
Temporan,- Adoption Eff. January 31. 1998.
.0605 AFFORDABILITY
Pomts for affordability will be determined by comparing the
projected monthly residential user cost at the completion of the
project with the median household income (MHI). User cost
shall be calculated from water rates based on a maximum of
4.500 gallons. The median household income shall be
determined in ^ service area of the water system. If median
household income data is not available for the service area, data
from the nearest comparable community area shall be used.
The Division may use county-wide median household income
data if data for the service area or nearest comparable
community area are not available. Points will be awarded on
the following scale:
Rates = 0% to .25% MHI
points
Rates = 0.26% to .50% MHI
5 points
Rates = .51% to .75% MHI
20 points
Rates = .76% to 1.0% .MHI
40 points
Rates = 1.01% or greater MHI
50 points.
History Note: Authority G.S. 159G-5: 159G-15;
Temporan,- Adoption Eff. January' 31. 1998.
.0606 SOLTICE PROTECTION AND
MANAGEMENT
The maximum value to be given for source protection and
management categorical elements \s 10 points. Points shall
only be awarded for existing activities or programs that
efficiently protect the public health, as follows;
( 1) Participation in source water protection activities;
points may be awarded in Sub-Items (a) and (b) of
this Item up to the maximum, as follows;
(a) Voluntary water supply watershed protection
activities. 5 points, or
(b) Voluntary wellhead protection program. 5
points.
(2) Efficient water use, as shown by the a pplicant's
establishment and administration of the described
pro grams; points may be awarded in Sub-Items (a),
(b). and (c) of this Item u£ to the maximum, as
follows;
(a) Water loss reduction program which includes
water audits, comprehensive metering, and
hidden leak detection. 3 points;
(b) Cross-connection control p ro gram. 3 points;
(c) Demand management strategies, such as a
water conservation incentive rate structure,
incentives for new or replacement installation
of low flow faucets, showerheads and to ilets.
or a water reclamation or reuse system. 3
points.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. Januarx 31 . 1998.
SECTION .0700 - AWARD, COMMITMENT
AND DISBURSEMENT OF LOANS
.0701 DETERMINATION OF AWARDS AND
BYPASS PROCEDURES
(a) All funds appropriated for a fiscal year and all other
funds accruing from loan principal repayments, interest
payments, interest earned on funds, excess funds not awarded
in the previous priority review period, and any other source,
will be available for loans during the priority review period.
(b) Of the funds available at the beginning of a priority
review period, five percent will be set aside for potential
adjustments under Rule .0703 of this Section. Any funds set
aside for this purpose that are not used to adjust loans during a
priority review period will return to the account for the next
priority review period.
(c) The funds available in a priority review period will be
awarded in descending order of priority rating considering Rule
.0201(b) of this Subchapter except for projects that are not
ready to proceed. A project shall be funded unless at the time
of binding agreement;
(1) Project plans and specifications are not approved by
the receiving agency;
(2) Any environmental assessment or impact statement
required is not complete and approved;
(3) One hundred percent funding necessary for the
project is not committed; or
(4) The receiving agency is unable to determine from
review of the business plan and other information
whether the applicant can meet capacity development
requirements as required by the Division.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1516
TEMPORARY RULES
History Note: Authority G.S. 159G-5: 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0702 CERTinCATION OF ELIGIBILITY
(a) The receiving agency shall create a certificate of
eligibility for each applicant for which a loan has been made.
(b) The certificate af eli gibility shall indicate that the
a pplicant meets Ml eli gibility criteria and that MI other
requirements of the Act have been met.
(c) The certificate of eligibility shall also indicate the amount
and the fiscal year of the loan commitment.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0703 CRITERIA FOR LOAN ADJUSTMENTS
Upon receipt of bids, a loan commitment may be adjusted as
follows:
(1) The loan commitment may be decreased, provided
the project cost as bid is less than the estimated
project cost, and the receiving agency approves the
loan commitment decrease:
(2) The loan commitment may be increased a maximum
of iQ percent by the receiving agency provided: the
project cost as bjd is greater than the estimated
project cost: the project as bjd is in accordance with
the project for which the loan commitment was
made: the receiving a gency has reviewed the bids and
determined that substantial cost savings would not be
available through project revisions without
jeopardizing the integrity of the project: and adequate
funds are available in tlie Fund. Increases greater
than 10 percent of tlie loan commitment require
approval by tlie Local Government Commission .
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0704 DISBURSEMENT OF LOANS
(a) Disbursement of loan monies shall be made at intervals
as work progresses and expenses are incurred. No
disbursement shall be made until the receiving agency recei\'es
satisfactory documentation of incurred costs. At no time shall
disbursement exceed the allowable costs which have been
incurred at that time.
(b) No disbursement shall be made until the receiving
agency receives documentation of compliance with the
verifiable percentage goal for panicipation by minority
businesses in accordance with G.S. 143-128(c) and any eligible
federal and state laws.
(c) The receiving agency will authorize the Controller's
Office of the Depanment of Enviroimient and Natural
Resources to make loan disbursements.
Histor.' Note: Authority G.S. 159G-5; 159G-15:
Temporary' Adoption Eff. January 31. 1998.
.0705 TERMINATION OF LOANS
Loan commitments may be terminated by the receiving
agency when recipients do not meet project schedules, if they
fail to award contracts within one year, or if they fail to comply
with applicable federal requirements.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
SECTION .0800 - LOAN REPAYMENTS
.0801 INTEREST RATES
The interest rate to be charg ed on loans imder this Subchapter
will be set in each priority review period at the lesser of four
percent per annum or one half the prevailing national market
rate as derived from the Bond Buyer's 20-Bond Index in
accordance with G.S. 159G-4(c).
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
.0802 REPAYMENT OF PRINCIPAL AND INTEREST
(a) The debt instrument setting the terms and conditions of
repayment of loans under this Subchapter will be established
after the receipt of bids. Adjustments to the loan may be made
only under Rule .0703 of this Subchapter.
(b) The maximum maturity on any construction loan shall
not exceed 20 years.
(c) The maximum maturity on any project planning loan
shall not exceed 5 years.
(d) Interest on the debt instrument shall begin to accrue on
the original date that a project's contracts are scheduled to be
completed. Extensions of this deadline are not allowed.
(e) All principal payments will be made armually on or
before May 1 or November 1 . The first principal payment is
due not earlier than six months after the date of completion of
the project.
(f) All interest payments will be made semiannually on or
before May 1 and November 1 of each year. The first interest
payment is due not earlier than six months after the date of
completion of the project.
(g) All principal and interest payments shall be made payable
to the Fund.
History Note: Authority G.S. 159G-5; 159G-15;
Temporary Adoption Eff. January 31. 1998.
SECTION .0900 - INSPECTION AND AUDIT
OF PROJECTS
.0901 INSPECTION
Inspection of a project to which a loan has been cnmmitted
may be made by the receiving agency to determine the
percentage of completion of the project for disbursements, and
for compliance with all applicable laws and rules.
Histor\- Note: Authority- G.S. 159G-5; 159G-15;
(
1517
NORTH CAROLINA REGISTER
February 16, 1998
12:16
TEMPORARY RULES
\
Temporan Adoption Elf. January 31. 1998.
.0902 AUDIT
All projects to which a loan has been committed will be
audited in accordance with G.S. 159-34 and the United States
Environmental Protection Office of Water (4606) Drinking
Water State Revolving Fund Program Guidelines. EPA 816-R-
97-005 February (28) 1997 which is incorporated in Rule .0103
of this Subchapter.
History Note: Authority G.S. 159G-5: 1590-15;
Temporan,' Adoption Elf. January 31. 1998.
Rule-making Agency: NC Wildlife Resources Commission
Rule Citation: 15A NCAC lOF .0305
Effective Date of Temporary Rule: March 1, 1998
Proposed Effective Date of Permanent Rule: April 1, 1999
Findings Reviewed and Approved by: Julian Mann 111
Authority for the rule-making: G.S. 75A-3; 75A-15
A Public Hearing will be conducted at 10:00 a.m. on March
6, 1998 at the Archdale Building, Room 332, 512 N. Salisbury
Street, Raleigh, NC 27603.
Reason for Proposed Action: To correct an error of omission
for designating placement and maintenance of markers needed
to regulate boat speed in congested areas. Notice of
Rulemaking Proceedings was published in the Register on
November 14, 1997.
Comment Procedures: The North Carolina Wildlife Resources
Commission has the authority to adopt temporary rules
pursuant to S.L. 1997-0403. Interested persons may present
their views either orally or in writing at the March 6, 1998
public hearing. In addition, the record of hearing will be open
for receipt of written comments from February 16. 1998 to
March 18, 1998. Such written comments must be delivered or
mailed to the NC Wildlife Resources Commission, 512 N.
Salisbury Street, Raleigh, NC 27604-1188.
CHAPTER 10 - WILDLIFE RESOURCES
AND WATER SAFETY
SUBCHAPTER lOF - MOTORBOATS AND
WATER SAFETY
SECTION .0300 - LOCAL WATER
SAFETY REGULATIONS
.0305 BRUNSWICK COUNTY
(a) Regulated Areas. This Rule applies to the waters and
portions of waters described as follows:
(1) Lockwoods Folly River. An area on that portion of
the Lockwood Folly River begiiming 1 500 feet north
of the boat ramp at the end of State Road 1 123 and
extending downstream to a point 800 feet south of
said boat ramp and the portion of Mill Creek
beginning at its intersection with the Lockwood
Folly River and extending upstream for 100 feet.
(2) Calabash River. An area located on the Calabash
River beginning 100 feet west of the Billy Cox
Landing and extending 100 feet east of Captain
Harry's Landing.
(3) State Port Authority Small Boat Harbor. Begiiming
at the Intracoastal Waterway on the easterly side of
the North Carolina State Port Authority Small Boat
Harbor; thence runs along and with the easterly
boundary of the said boat harbor basin and along the
northerly boimdary and westerly boundary thereof to
a point at the intersection of the westerly boundary of
said boat harbor with the highwater mark of the
Intracoastal Waterway; runs thence in an easterly
direction with the highwater mark of the Intracoastal
Waterway to the place and point of beginning, and
being the entire small boat harbor in Southport.
(4) Shallotte River. The portion of the Shallotte River
begiiming at its intersection with the Intracoastal
Waterway and extending from the northern boundary
of the Intracoastal Waterway for a distance of 500
feet to the north, to be marked by appropriate
markers.
(5) Big Davis Creek. That part of Big Davis Creek
within 100 yards of Sportsman Inn at Blue Water
Point Marina near Long Beach.
(6) Town of Ocean Isle Beach. Those waters in the
canals, both natural and concrete, which are located
on the south side of the Intracoastal Waterway in the
Town of Ocean Isle Beach.
(7) Town Creek. The 200 yard portion of Town Creek
lying in Town Creek Colony as delineated by no
wake zone markers.
(b) Speed Limit. No person shall operate any motorboat or
vessel at greater than no-wake speed within any of the regulated
areas described in Paragraph (a) of this Rule.
(c) Placement and Maintenance of Markers. Subject to the
approval of the United States Coast Guard and the United States
Army Corps of Engineers, the following agencies are
designated suitable agencies for the placement and maintenance
of markers implementing this Rule:
(1) The Board of Aldermen of Vamamtown as to areas
indicated in Paragraph (a). Subparagraph (1) of this
Rule.
(2) The Board of Commissioners of Brunswick County
as to areas indicated in Paragraph (a), Subparagraphs
(21 1 (2) (2) - (6) of this Rule.
Histor\' Note: Authority G.S. 75A-3: 75A-15;
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1518
TEMPORARY RULES
Eff. Februarys 1. 1976;
Amended Eff. April I, 1997; July 1, 1994; July 1, 1993;
January 1, 1989; January 1, 1987;
Temporary' Amendment Eff. March L. 1998.
Rule-making Agency: NC Wildlife Resources Commission
Rule Citation: ISA NCAC lOF .0330. .0339
Effective Date: February 1, 1998
Findings Reviewed and Approved by: Julian Mann III
Authority for the rule-making: G.S. 75A-3; 75A-15
Reason for Proposed Action:
ISA NCAC lOF .0330 - To correct an error of omission for
designating placement and maintenance of markers needed to
regulate boat speed in congested areas.
ISA NCAC lOF .0339 - McDowell County Board of
Commissioners initiated the no-wake zone pursuant to G. S.
75A-15, to protect public safety in the area by restricting vessel
speed.
Comment Procedures: The North Carolina Wildlife Resources
Commission has the authority to adopt temporary rules
pursuant to S.L. 1997-0403. These temporary rules are
adopted following the public hearing and public comment
period established for permanent rule adoption. A public
hearing was held on December 18, 1997 for the permanent
rules and the record of hearing for public comment was closed
on December 31 , 1997. The submissions for permanent nde
are onfde with the Rules Review Commission.
SECTION .0300 - LOCAL WATER
SAFETY REGULATIONS
.0330 CARTERET COUNTY
(a) Regulated Areas. This Rule applies to the following
waters in Carteret County;
(1) the waters of Money Island Slough beginning at the
east end of Money Island near the Anchorage Marina
Basin and ending at the west end of Money Island
where Brooks Avenue deadends at the slough;
(2) the waters of Taylor Creek located within the
territorial limits of the Town of Beaufort;
(3) the waters of Pelletier Creek beginning at the
entrance to Pelletier Creek at the Intracoastal
Waterway and ending at U.S. Highway 70;
(4) the waters of Bogue Sound in Morehead City
between Sugar Loaf Island and the seawall on the
south side of Evans, Shepard and Shackleford Streets
and bounded on the east by the State Ports Authority
and on the west by the eastern right-of-way margin
of South 13th Street extended;
(5) the waters of Gallant's Chaimel from the US 70
crossing over the Grayden Paul bridge to Taylor's
Creek;
(6) the waters of Cedar Island Bay and Harbor from
U.S. 70 to Cedar Island Bay Channel Light 8;
(7) the waters of Radio Island Creek;
(8) the waters of the Newport River beginning at the
north side of the Beaufort Drawbridge and ending at
marker #6;
(9) the waters of Spooners Creek beginning 100 feet
south of the bulkhead area in the entrance to
Spooners Creek and extending approximately 500
feet up Spooners Creek to a point on the north side
of the first fork to the east as indicated by the
appropriate markers;
(10) the waters of Taylor's Creek from the eastern end of
the current no wake zone eastward to Channel
Marker #1A.
(b) Speed Limit. It is unlawful to operate a motorboat or
vessel at a speed greater than no-wake speed while on the
waters of the regulated areas designated in Paragraph (a) of this
Rule.
(c) Placement and Maintenance of Markers. The Board of
Commissioners of Carteret County, with respect to the
regulated areas designated in Subparagraphs (1), (3), (5), (6),
(7), (8) tSL 121 and (10) of Paragraph (a) of this Rule, and the
Board of Commissioners of the Town of Beaufort, with respect
to the regulated area designated in Subparagraph (2) of
Paragraph (a) of this Rule, and the Board of Commissioners of
Morehead City, with respect to Subparagraph (4) of Paragraph
(a) of this Rule, are designated as suitable agencies for
placement and maintenance of the markers implementing this
Rule, subject to the approval of the United States Coast Guard
and the United States Army Corps of Engineers.
History Note: Authority G.S. 75A-3; 75A-15;
Eff. March 4, 1979;
Amended Eff. October 1. 1997; May 1, 1995; June 1, 1994;
February 1, 1994; July 1, 1993;
Temporary Amendment Eff. February 1. 1998.
.0339 MCDOWELL COUTSfTY
(a) Regulated Areas. This Rule applies to the following
waters located on Lake James in McDowell County:
(1) that area adjacent to the shoreline of the McDowell
Wildlife Club property;
(2) that area adjacent to the shoreline of the Marion
Moose Club property;
(3) that area known as Morgan Cove;
(4) that area within 50 yards of the shoreline at the New
Manna Baptist Youth Camp;
(5) that area within 50 yards of the shoreline at Burnett's
Landing;
(6) the cove area adjacent to the State Park swimming
area;
(7) the cove area adjacent to the State Park picnic area
and dock;
1519
NORTH CAROLINA REGISTER
February 16, 1998
12:16
TEMPORARY RULES
i
(8) that area within 50 yards of camping areas in the
Lake James State Park as designated by the
appropriate markers;
(9) that area within 50 yards of the boat launching ramp
at the Marion Lake Club;
(10) that area within 50 yards in either direction from the
marina docks in Plantation Point Cove;
(11) that designated area of Goodman's Landing Cove
within 50 yards of the swimming area and boat docks
of Goodman's Campground;
(12) that area beginning at the rock shoals located at
Deerfield Campground downstream for a distance of
approximately 200 yards as delineated by appropriate
markers;
(13) that area as delineated by appropriate markers along
the no rt h shoreline of the development known as
Lakeview Pointe.
(b) Speed Limit. No person shall operate any motorboat or
vessel at greater than no-wake speed within any of the regulated
areas described in Paragraph (a) of this Rule.
(c) Restricted Swimming Areas. No person operating or
responsible for the operation of any vessel, surfboard or
waterskis shall permit the same to enter any marked swimming
area located on the regulated area.
(d) Placement and Maintenance of Markers. The Board of
Commissioners of McDowell County is designated a suitable
agency for placement and maintenance of the markers
implementing this Rule.
History Note: Authority G.S. 75A-3; 75A-15:
Eff. August 23, 1981:
Amended Eff. February 1, 1996; December 1, 1993: March 1,
1992: April!. 1991:
Temporan; Amendment Eff. February 1_^ 1998.
►
12:16 NORTH CAROLINA REGISTER February 16, 1998 1520
APPROVED RULES
Tliis Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting
of November 20. 1997 pursuant to G.S. 150B-2 1.1 7(a)(1) and reported to the Joint Legislative Administrative Procedure
Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory-
Reference: G.S. 150B-21.17.
f
These ndes unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General
Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill
receives an unfavorable final action or the don- the General Assembly adjourns. Statutory reference: G.S. 150B-21.3.
APPROVED RULE CITATION
REGISTER CITATION TO THE
NOTICE OF TEXT
4
NCAC
19L
.0403*
4
NCAC
19L
.0407
4
NCAC
19L
.0501 - .0502*
4
NCAC
19L
.0706*
4
NCAC
19L
.0802
4
NCAC
19L
.0901*
4
NCAC
19L
.0906*
4
NCAC
19L
.0907
4
NCAC
19L
.1002*
4
NCAC
19L
.1004*
4
NCAC
19L
.1301 - .1302*
4
NCAC
19L
.1701 - .1702*
4
NCAC
19L
.1801 - .1803*
10
NCAC
03D
.2001*
10
NCAC
03D
.2101 - .2102*
10
NCAC
03 D
.2105- .2106*
10
NCAC
03 D
.2201*
10
NCAC
03D
.2303*
10
NCAC
03R
.3002
10
NCAC
03R
.3051 - .3054
10
NCAC
03R
.3055*
10
NCAC
03R
.3056 - .3059
10
NCAC
03R
.3060*
10
NCAC
03R
.3061
10
NCAC
03R
.3063
10
NCAC
03R
.3065
10
NCAC
03R
.3067 - .3072
10
NCAC
03R
.3075 - .3078
10
NCAC
03R
.3079*
10
NCAC
03R
.3080
10
NCAC
03R
.3082 - .3088
13
NCAC
07A
.0302*
13
NCAC
07A
.0708*
13
NCAC
07F
.0101*
13
NCAC
07F
.0102
13
NCAC
07 F
.0201*
13
NCAC
07F
.0301*
13
NCAC
07F
.0426
13
NCAC
07F
.0501 - .0502*
15A
NCAC
07H
.0406* Amended Eff.
12-1-97
15A
NCAC
07M
.0301*
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
14 NCR 1113
11
29 NCR 2189
11
29 NCR 2190
11
29 NCR 2201
11
29 NCR 2203
11
29 NCR 2204
12
04 NCR 246
12
04 NCR 246
12
04 NCR 254
12
04 NCR 256
12
04 NCR 258
12
04 NCR 258
12
04 NCR 258
12
04 NCR 258
12
04 NCR 259
12
04 NCR 261
12
04 NCR 265
12
04 NCR 265
12
04 NCR 266
12
03 NCR 171
12
03 NCR 172
12
03 & 12:05 NCR 172 & 354
12
03 NCR 205
12
02 & 12:03 NCR 60 & 171
12
03 NCR 206
12
03 NCR 207
12
03 NCR 207
not required. G.S. 150B-21.5(a2)
11
11 NCR 925
i
i
1521
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
15A
NCAC
07M
15A
NCAC
07M
15A
NCAC
07M
15A
NCAC
07M
15A
NCAC
07M
15A
NCAC
08F
15A
NCAC
08F
15A
NCAC
08F
15A
NCAC
ISA
15A
NCAC
18A
17
NCAC
04B
17
NCAC
04B
17
NCAC
04B
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
048
17
NCAC
058
17
NCAC
058
17
NCAC
05C
17
NCAC
078
17
NCAC
078
17
NCAC
078
17
NCAC
078
17
NCAC
078
17
NCAC
078
17
NCAC
078
17
NCAC
078
21
NCAC
048
.0302
.0304 - .0305
.0306*
.0307 - .0308
.0309*
.0102*
.0201*
.0403*
.1938*
.1958*
.0109*Repealed Eff. 12-1-97
.0203*Repealed Eff. 12-1-97
.0308 - .0309* Amended Eff. 12-1-97
.0615*
.0901 - .0902*Repealed Eff. 12/01/97
.1302*RepealedEff. 12/01/97
.1305 - .1306*Repealed Eff. 12/01/97
.1401 - .1407*Repealed Eff. 12/01/97
.1601 - .1602*Repealed Eff. 12/01/97
.1703 - .1706*Repealed Eff. 12/01/97
.1709*RepealedEff. 12/01/97
.1803 - .1810*Repealed Eff. 12/01/97
.2002*Repealed Eff. 12/01/97
.2113 - .2114*Repealed Eff. 12/01/97
.2116 - .2117*Repealed Eff. 12/01/97
.2209*Repealed Eff. 12/01/97
.2302 - .2303*Repealed Eff. 12/01/97
.2401 - .2402*Repealed Eff. 12/01/97
.3001 - .3002*Repealed Eff. 12/01/97
.3004*Repealed Eff. 12/01/97
.3006*Repealed Eff. 12/01/97
.3101 - .3102*Repealed Eff. 12/01/97
.3401 - .3404*Repealed Eff. 12/01/97
.3406 - .3414*Repealed Eff. 12/01/97
.3501 - .3502*Repealed Eff. 12/01/97
.3601 - .3602*Repealed Eff. 12/01/97
.3702*Repealed Eff. 12/01/97
.3704*Repealed Eff. 12/01/97
.3902*Repealed Eff. 12/01/97
.4001*RepealedEff. 12/01/97
.4003 - .4005*Repealed Eff. 12/01/97
.4007 - .4014*Repealed Eff. 12/01/97
.4101 - .4102*Repealed Eff. 12/01/97
.4301* Amended Eff. 12/01/97
.4501 - .4521*Repealed Eff. 12/01/97
.0403*Repealed Eff. 12/01/97
.0503*Repealed Eff. 12/01/97
.1801 - .1806*RepealedEff. 12/01/97
.0117*AmendedEff. 12/01/97
.0123*
.0404*
.1123*
.1703*
.2101*
.4003*
.4009*
.0202*
11:11 NCR 926
11:11 NCR 929
11:11 NCR 930
11:11 NCR 930
11:11 NCR 931
11:28 NCR 2124
11:28 NCR 2125
11:28 NCR 2127
12:02 NCR 64
12:02 NCR 66
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-1
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21
not required, G.S. 1508-21,
not required, G.S. 1508-21
not required, G.S. 1508-21,
not required, G.S. 1508-1
not required, G.S. 1508-1
not required, G.S. 1508-1
not required, G.S. 1508-1
not required, G.S. 1508-1
not required, G.S. 1508-1
not required, G.S. 1508-1
11:28 NCR 2129
5(b)
5(b)
5(a)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(b)
5(a)
5(b)
5(b)
5(b)
5(b)
5(a)
3)
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1522
APPROVED RULES
21 NCAC 161 .0002^
21 NCAC 16R .000 P
11:25 NCR 1916
11:25 NCR 1916
TITLE 4 - DEPARTMENT OF COMMERCE
CHAPTER 19 - DIVISION OF COMMUNITY
ASSISTANCE
SUBCHAPTER 19L - NORTH CAROLINA
COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
SECTION .0400 - DISTRIBUTION OF FUNDS
.0403 SIZE AND USE OF GRANTS MADE TO
RECIPIENTS
(a) There is no minimum grant amount which applicants may
request or be awarded. Grant awards made to any one recipient
shall not exceed the following amount in each grant category:
Community Revitalization: Concentrated Needs subcategory -
seven himdred fifty thousand dollars ($750,000), Infrastructure
subcategory - eight hundred fifty thousand dollars ($850,000)
Infrastrucmre subcategory - eight himdred fifty thousand dollars
($850,000), and Scattered Site subcategory - four hundred
thousand dollars ($400,000) Housing Development - two
hundred fifty thousand dollars ($250,000); Urgent Needs - six
hundred thousand dollars ($600,000); Contingency - six
hundred thousand dollars ($600,000); Community
Empowerment implementation grant - seven hundred fifty
thousand dollars ($750,000). Applicants shall not have a
project or combination of projects under active consideration
for funding which exceeds one million two hundred fifty
thousand dollars ($1,250,000), except for Urgent Needs
projects and one demonstration project. Applicants in the
Community Revitalization category shall choose to apply for
either a concentrated needs award, or an infrastructure award,
or a scattered site award, but no more than one from the same
HUD allocation.
(b) No local government may receive more than a total of
one million two hundred fifty thousand dollars ($1 ,250,000) in
CDBG funds in the period that the state distributes its annual
HUD allocation of CDBG funds; except that local governments
may also receive up to six hundred thousand dollars ($600,000)
for a project that addresses Urgent Needs and funds for one
demonstration project in addition to other grants awarded
during the same time period.
(c) Commimiry Revitalization basic category applicants may
spend a portion of their total grant amount to finance local
option activities. Up to 15 percent may be spent on eligible
activities which do not need to be directly related to proposed
projects except in the infrastrucmre subcategory. Alternatively,
up to 25 percent may be spent on eligible activities that
contribute to comprehensive development of the main project
area in a Concentrated Needs grant. Job creation activities are
not eligible local option activities unless they are part of the 25
percent alternative. Local option activities will not be
competitively rated by the Division, but may be limited to
specific eligible activities. Each local option project must show
that:
(1) At least fifty-one percent of the CDBG funds
proposed for each activity will benefit low- and
moderate-income persons, except that CDBG funds
may be used for acquisition, disposition, or clearance
of vacant units to address the national objective of
prevention or elimination of slums or blight; and
(2) CDBG funds proposed for each activity will address
the national objective of benefiting low- and
moderate-income persons, or aid in the prevention or
elimination of slums or blight.
(d) The Division may review grant requests to determine the
reasonableness and appropriateness of all proposed
administrative and planning costs. Notwithstanding Rule .0910
of this Subchapter, grantees may not increase their approved
plaiming and administrative budgets without prior Division
approval. In no case, may applicants budget and expend more
than 18 percent of the sum of funds requested and program
income for administrative and planning activities for each
project, except that demonstration funds may be awarded for
projects limited to planning activities only in which case all
funds will be spent for planning and administration.
(e) Applicants may spend CDBG funds in those areas in
which the applicant has the legal authority to undertake project
activities.
(f) Grants to specific recipients will be provided in amounts
commensurate with the size of the applicant's program. In
determining appropriate grant amounts for each applicant, the
Division may consider an applicant's need, proposed activities,
all proposed administrative and planning costs, and ability to
carry out the proposed activities.
Hisiory Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R.
570.483; 42 U.S.C. 5301;
Ejf. July 1. 1982;
Amended Ejf. August L 1998; February 1. 1996; March 1,
1995; June 1, 1994; June 1. 1993; Junel, 1992.
SECTION .0500
COMMUNITY REVITALIZATION
PROJECTS
.0501 DESCRIPTION
(a) The Community Revitalization category includes
activities in which a majority of funds is directed towards
improving, preserving or developing residential areas. All
eligible CDBG activities may be undertaken for the purpose of
community revitalization.
Applications for funding may involve single or multiple
activities, addressing one or more needs in the area except for
infrastructure and scattered site subcategories which addresses
one need.
1523
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
All community revitalization activities, except for scattered
site activities, must be carried out within defined project areas.
Community Revitalization funds shall be distributed to
eligible units of local government on a competitive basis.
Community Revitalization projects shall be evaluated against
other Community Revitalization project proposals.
(b) The Community Revitalization category includes a
subcategory for scattered site housing activities which are
directed towards one hundred per cent low and moderate
income benefit or the prevention or elimination of slums or
blight. Scattered site projects are limited to housing
rehabilitation, acquisition, disposition, clearance, and
relocation activities.
Scattered site activities may be carried out in any location
throughout the applicant's jurisdiction and need not be carried
out in an area of concentrated need.
Up to 5 percent of the total project cost may be contributed
from local or non-local funds in scattered site housing
rehabilitation projects.
Scattered site funds shall be distributed to eligible units of
local government on a competitive basis, and projects shall be
evaluated against other scattered site project proposals.
(c) The Community Revitalization category includes a
subcategory for public infrastructure projects within a definable
project area. Projects will be evaluated against other
infrastructure project proposals.
must benefit 100 percent low and moderate income
persons; and
(2) CDBG funds proposed for acquisition, clearance, and
disposition of vacant units will address the national
objective of preventing or eliminating slums or
blight,
(c) Applicants shall have the capacity to administer a CDBG
program. The Division may examine the following areas to
determine capacity:
(1) audit and monitoring findings on previously funded
Community Development Block Grant programs, and
the applicant's fiscal accountability as demonstrated
in other state or federal programs or local
government financial reports; and
(2) the rate of expendimre of funds and accomplishments
in previously funded CDBG programs. Applicants
that show a lack of capacity will not be rated or
funded.
History Note: Authority G.S. 143B-10; 143B-431; 42
U.S.C.A. 5301: 24 C.F.R. 570.483:
Eff. July 1, 1982:
Amended Eff. August L 1998: March 1, 1995: June 1, 1994;
June 1. 1993: September 1, 1990.
SECTION .0700 - DEMONSTRATION PROJECTS
History Note: Authority G.S. 143B-10: 143B-431: 42
U.S.C.A. 5301; 24 C.F.R. 570.483;
Eff. July 1. 1982:
Amended Eff. Aug ust L 1998: March 1, 1995; June 1, 1994;
June 1, 1993; October 1, 1990.
.0502 ELIGIBILITY REQUIREMENTS
(a) Applications for concentrated needs subcategory funds
must show that:
(1) At least 51 percent of the CDBG funds proposed for
each project will benefit low- and moderate-income
persons, except that CDBG funds proposed for local
option activities may be used for acquisition,
disposition, or clearance of vacant units to address
the national objective of prevention or elimination of
slums or blight; and
(2) CDBG funds proposed for each activity will meet a
national objective as specified in HUD regulations
previously incorporated by reference, except that
funds shall not be used to meet the national objective
of urgent need which is covered by Rule .0801 of
this Subchapter.
Applications that do not meet these eligibility requirements
shall not be rated or funded. In designing projects which meet
these requirements, applicants must ensure that activities do not
benefit moderate-income persons to the exclusion of
low-income persons.
(b) Applicants for scattered site subcategory funds must
show that:
(1) Rehabilitation activities of occupied and vacant units
.0706 DEFINITION
Demonstration grants are provided to assist local
governments to develop innovative strategies for addressing
specific community development needs and priorities.
History Note: Authority G.S. 143-323;
U.S.C.A. 5301; 24 C.F.R. 570.489;
Eff Aug ust 1. 1998.
143B-10; 42
SECTION .0900 - GRANT ADMINISTRATION
.0901 GRANT AGREEMENT
(a) Upon approval of the application by the Division, a
written grant agreement shall be executed between the recipient
and the Division. These Rules, the approved application, and
any subsequent amendments to the approved application shall
become a part of the grant agreement.
(b) The grant agreement in its original form and all
modifications thereto shall be kept on file in the office of the
recipient in accordance with Rule .0911 of this Section.
(c) The Division may condition the grant agreement until the
recipient demonstrates compliance with all applicable laws and
regulations. In the case of Housing Development and
Community Empowerment projects the grant agreement may be
conditioned until legally binding commitments have been
obtained from all participating entities.
(d) Neither CDBG nor non-CDBG funds involved in a
project may be obligated, nor may any conditioned project
activities begin until the Division releases in writing any and all
applicable conditions on the project. Recipients may incur
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1524
APPROVED RULES
costs prior to release of conditions with prior Division approval
in accordance with Rule .0908 of this Section.
Hision- Note: Amhorin G.S. 143B-10: 1 438-431: 24 C.F.R.
570.483;
Eff. Jiih 1, 1982;
Amended Eff. August L 1998: June 1, 1994; June 1. 1993:
September 1. 1990: May 1, 1998.
.0906 nN.\NCIAL MANAGEMENT SYSTEMS
Recipient financial management systems shall provide for
accurate, current and complete disclosure of the financial
results of each grant program in accordance with fiscal control
and reponing requirements set forth in G.S. 159, Article III,
the Local Government Budget and Fiscal Control Act.
Recipients shall meet the following requirements:
(1) All grant funds shall be expended in accordance
with a budget ordinance or project ordinance adopted
under G.S. 159-8 and G.S. 159-13.2 respectively;
(2) A recipient may deposit or invest all or part of the
cash balance of any grant fund; however, all interest
earned shall be returned to the Department in
accordance with Rule .0907(c) of this Section;
(3) Investment deposits shall be secured as provided in
G.S. 159-31(b):
(4) The recipient shall designate as its official
depositories one or more banks or trust companies in
the State in accordance with G.S. 159-3 1(a);
(5) All budgetary accounting for appropriations of grant
ftmds shall be in accordance with the procedures for
incurring obligations and disbursements as set forth
in G.S. 159-28;
(6) Each recipient shall establish an accounting system in
accordance with G.S. 159-26;
(7) The recipient's finance officer, and each officer,
employee, or agent who handles or has in his custody
more than one hundred dollars (SIOO.OO) of grant
funds at any time, or who handles or has access to
the recipient's inventories, shall be bonded in
accordance with G.S. 159-29;
(8) Each recipient shall maintain records that identify
adequately the source and application of funds for
grant-supported activities. These records shall
contain information pertaining to federal awards and
authorizations, obligations, unobligated balances,
assets, liabilities, outlays, and income;
(9) A system for procedures for procurement and
property management shall be provided in
accordance with Rule .0908 and Rule .0909 of this
Section;
(10) All cash receipts must be deposited with, or to the
credit of, the finance officer. This includes program
revenues, reimbursements of travel, vendor payments
or other items previously recorded as expenditures,
and all other grant monies from the Department;
(11) Recipients must develop a systematic method to
assure timel\- and appropriate resolution of audit
findings and recommendations;
(12) Recipients shall require subgrantees to adopt the
standards set forth in this Rule;
(13) Recipients shall comply with the Office of A
Management and Budget Circular A-87, entitled Cost W
Principles for State and Local government, which is
incorporated in these Rules by reference including
subsequent amendments and editions. A copy of this
circular is available from the Division of Commimity
Assistance, Raleigh, North Carolina. In applying
0MB A-87 the term "federal agency" shall mean the
Department;
(14) Recipients shall record the receipt and expenditure of
project revenues from taxes, special assessments,
evies, fmes, etc., in accordance with generally
accepted accounting principles;
(15) Subrecipients shall comply with the Office of
Management and Budget Circular A-lIO, entitled
Uniform Adininistrative Requirements for Grants and
other Agreements with Institutions of Higher
Education, Hospitals, and other Nonprofit
Organizations which is incorporated in these Rules
by reference including subsequent amendments and
editions. A copy of this circular is available from
the Division of Community Assistance, Raleigh,
North Carolina.
History- Note: Authority G.S. 14-234; 143B-10; 143B-431; 24
C.F.R. 570.489: 24 C.F.R. 570.496; 42 U.S.C.A.
5304(b). (d), (e); M
Eff. July 1, 1982: \
Amended Eff. August L 1998; June 1, 1994; June 1. 1993;
September 1, 1991; September 1, 1990.
SECTION .1000 - COMPLIANCE REQUIREMENTS
.1002 CITIZEN PARTICIPATION
(a) Each applicant and recipient shall provide citizens with
an adequate opportunity for meaningful involvement on a
continuing basis and for participation in the planning,
implementation and assessment of the program. Each applicant
and recipient shall provide adequate information to citizens,
hold public hearings, provide for timely responses to citizens'
complaints, and certify' that it is following a detailed Citizen
Participation Plan as in (b) through (h) of this Rule. All public
hearings shall be held by the governing board of the applicant
or recipient.
(b) Citizen participation in the application process.
(1) Each applicant for CDBG funds shall:
(A) Solicit and respond in a timely maimer to
views and proposals of citizens, particularly
low- and moderate-income persons, members
of minority groups, and residents of blighted
areas where activities are proposed.
Applicants shall respond in writing to written A
citizen comments. Responses shall be made "
within ten calendar days of receipt of the
1525
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
►
citizen comment.
(B) Provide technical assistance to facilitate citizen
participation, where requested. The technical
assistance shall be provided to groups
representative of persons of low- and
moderate-income that request such assistance
in developing proposals. The level and type
shall be determined by the applicant.
(C) Provide adequate notices of public hearings in
a timely manner to all citizens and in such a
way as to make them understandable to
non-English speaking persons. Hearings must
be held at times and locations convenient to
potential or actual beneficiaries and with
accommodations for the handicapped. A
notice of the public hearing shall be published
at least once in the nonlegal section of a
newspaper having general circulation in the
area. The notice shall be published not less
than ten days nor more than 25 days before the
date fixed for the hearing. The notice of
public hearing to obtain citizens' views after
the application has been prepared, but prior to
the submission of the application to the
Division, shall contain a description of the
proposed project(s) including the proposed
project location, activities to be carried out,
and the total costs of activities.
(D) Schedule hearings to obtain citizens' views
and to respond to citizen proposals at times
and locations which permit broad
participation, particularly by low- and
moderate-income persons, members of
minority groups, handicapped persons, and
residents of blighted neighborhoods and
project areas.
(E) Conduct one public hearing during the
plaiming process to allow citizens the
opportunity to express views and proposals
prior to formulation of the application, except
that applicants in the Urgent Needs category
are exempt from holding this public hearing.
(F) Conduct one public hearing after the
application has been prepared but prior to
submission of the application to the Division.
(2) Submitting objections to the Division.
(A) Persons wishing to object to the approval of
an application by the Division shall submit to
the Division their objections in writing. The
Division shall consider objections made only
on the following grounds:
(i) The applicant's description of the needs
and objectives is plainly inconsistent
with available facts and data,
(ii) The activities to be undertaken are
plainly inappropriate to meeting the
needs and objectives identified by the
applicant, and
(iii) The application does not comply with
the requirements of this Subchapter or
other applicable laws.
(B) All objections shall include an identification of
the requirements not met. In the case of
objections made on the grounds that the
description of needs and objectives is plainly
inconsistent with significant, generally
available facts and data, the objection shall
include the facts and data upon which the
objection is based.
(c) Citizen Participation Plan. Recipients shall develop and
adopt, by resolution of their governing board, a written citizen
participation plan developed in accordance with all provisions
of this Rule and which:
(1) provides for and encourages citizen participation with
particular emphasis on participation by persons of
low- and moderate-income who are residents of slum
and blight areas and of areas in which CDBG funds
are proposed to be used;
(2) provides citizens with reasonable and timely access
to local meetings, information, and records relating
to the recipient's proposed and actual use of funds;
(3) provides for technical assistance to groups
representative of persons of low- and
moderate-income that request such assistance in
accordance with Pan (b)(1)(B) of this Rule;
(4) provides for public hearings to obtain citizen views
and to respond to proposals and questions at all
stages of the community development program in
accordance with Paragraphs (b), (f), and (g) of this
Rule;
(5) provides a procedure for developing timely written
responses to written complaints and grievances
within ten calendar days of receipt of the complaint.
The procedure shall include all provisions of
Paragraph (d) of this Rule; and
(6) identifies how the needs of non-English speaking
residents will be met in the case of public hearings
where a significant number of non-English speaking
residents can be reasonably expected to participate.
(d) The recipient shall develop and adopt a written complaint
procedure to respond to citizen complaints involving the CDBG
program. The complaint procedure shall be applicable through
the life of the grant and available to the general public. It shall
specify that the recipient will respond in writing to written
citizen complaints within ten calendar days of receipt of the
complaint. The procedure shall include a phone number for
further information or clarification on the complaint procedure
and shall identify any local procedures or appeals process that
would normally be used by the recipient to address citizen
complaints. The complaint procedure shall also state that if a
citizen lodging a complaint is dissatisfied with the local
response, then that person may direct the complaint to the
North Carolina Division of Community Assistance.
(e) Citizen participation during program implementation.
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1526
APPROVED RULES
Cilizcns shall have the opporiuniiy to comment on the
implementation of a Community Development Program
throughout the term of the program. Recipients shall solicit
and respond to the views and proposals of citizens in the same
manner as in Part (b)( I )( A) of this Rule.
(0 Citizen participation in the program amendment process.
(1) Recipient procedures.
(A) Recipients proposing amendments which
require prior Division approval in accordance
with Rule .0910 of this Subchapter shall to
conduct one public hearing prior to
subinission of the amendment to the Division
in the same manner as in Part (b)( I )(C) of this
Rule.
(B) Each recipient shall respond to citizen
objections and comments in the same manner
as in Part (b)(1)(A) of this Rule.
(2) Submitting Objections to the Division.
(A) Persons wishing to object to the approval of
an amendment by the Division shall make
such objection in writing. The Division shall
consider objections made only on the
following grounds:
(i) The recipient's description of needs and
objectives is plainly inconsistent with
available facts and data,
(ii) The activities to be undertaken are
plainly inappropriate to meeting the
needs and objectives identified by the
recipient, and
(iii) The amendment does not comply with
the requirements of this Section or
other applicable laws and regulations.
(B) All objections sh;ill include an ideiilificalion of
the requirements not met. In the case of
objections made on the grounds that the
description of needs and objectives is plainly
inconsistent with significant, generally
available facts and data, the objection shall
include the facts and data upon which the
objection is based.
(g) Cili/en participation in the program closeout process.
(1) Rccipiaiis sh;dl conduct one public hearing lo assess
program performance during the grant closeout
process and prior to the actual closeout of the grant
m the same m;uincr as in Part (b)(1)(C) of this Rule.
(2) Recipients shall continue to solicit and respond to
citi/en comment in the same manner as in Part
(b)(1)(A) of this Rule until such time as the grant
program is closed.
(h) Persons may submit written comments to the Division at
aii\ time concerning the applicint's or recipient's failure to
comply with the requiremenis contained in this Subchapter.
(i) All records of public hearings, citizens' comments,
res|ionses to comments and other relevant documents and
papers shall be kept in accordance wiih Rule .0911 of this
SulKh.ipier. All progr.im records shall be accessible lo citi/ens
in accordance with Rule .091 1(b) of this Subchapter.
Histon Noie: Authority G.S. 143B-10: 143B-431: 42
U.S.C.A. 5304(a)(2); 24 C.F.R. 570.486: .
Eff. July 1. 1982: i
Amended Eff. August L 1998: June 1, 1993: September 1. ^
1990: May 1. 1988: March 1. 1984.
.1004 ENVIRONMENTAL REVIEW
(a) Applicants and recipients shall comply with the policies
of the National Environmental Policy Act of 1969 and all other
applicable provisions of Federal and State law which further the
purposes of such act (as specified in 24 C.F.R. Part 58). This
Subchapter incorporates by reference 24 CFR Part 58,
including subsequent amendments and editions. Copies of this
federal regulation are available for public inspection from the
Division of Community Assistance. Single copies are available
from this Division in Raleigh, North Carolina, for one dollar
($1.00) each.
(b) Applicants and recipients shall assume the
res[X)nsibilities for environmental review, decision-making, and
other actions which would otherwise apply to the Secretary,
under NEPA and other provisions of law which further the
purposes of NEPA in accordance with section 104(f)(4) of Title
1 of the Housing and Community Development Act of 1974, as
amended and the implementing regulations at 24 C.F.R. Part
58.
(c) Applicants and recipients shall meet the requirements of
the following Federal laws and regulations:
(1) The National Environmental Policy Act of 1969 i
("NEPA", 42 U.S.C. 4321 et seq., P.L. 91-190) \
which establishes national policy, goals, and
procedures for protecting, restoring and enhancing
environmental quality;
(2) Environmental Review Procedures for Title I
Community Development Block Grant Programs, (24
C.F.R. Pan 58), which sets forth the procedures for
carry ing out the environmental responsibilities under
NEPA;
(3) Executive Order 1 1988, Floodplain Management,
May 24, 1977 (42 F.R. 26951 et seq.);
(4) Executive Order 11990, Protection of Wetlands,
May 24. 1977 (42 F.R. 26961 et seq.);
(5) The Coastal Zone Management Act of 1972, (16
Ll.S.C. 1451 et seq.), as amended;
(6) The Safe Drinking Water Act of 1974 (42 U.S.C.
201, 300(f) et seq., and 21 U.S.C. 349), as
amended, particularly concerning sole source
aquifers;
(7) The Endangered Species Act of 1973 (16 U.S.C.
1531 et .seq.), as amended;
(8) The Wild ;uid Scenic Rivers Act of 1968 (16 U.S.C.
1271 et seq.), as amended;
(9) The Clean Air Act (42 U.S.C. 7401 et seq.);
(10) The Fish and Wildlife Coordination Act of 1958 as ^
amended, (16 U.S.C. 661 et seq); t
(in The Federal Water Pollution Control Act (P.L V
1527
\ORTll C \ROU\.\ REGISTER
Eehriiar\ 16, 1998
12:16
APPROVED RULES
92-500);
(12) HUD environmental criteria and standards (24
C.F.R. Part 51), and the Council on Environmental
Quality Standards at 40 C.F.R. Part 1500-1508;
(13) The National Historic Preservation Act of 1966 (16
U.S.C. 470 et seq.) as amended;
(14) Procedures for the Protection of Historic and
Cultural Properties, 36 CFR 800;
(15) Executive Order 1 1593, Protection and Enhancement
of the Cultural Environment. May 13, 1971 (36
F.R. 8921 etseq.);
(16) The Reservoir Salvage Act of 1960 (16 U.S.C. 469
et seq.); as amended by the Archaeological and
Historic Preservation Act of 1974; and
(17) The Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), as amended.
(d) The recipient shall meet the requirements of the
following State laws and rules where they are applicable to the
provisions of this Subchapter:
(1) Chapter 113A of the General Statutes of North
Carolina, entitled Pollution Control and
Environment;
(2) G.S. 143-215.108 which designates the
Enviroimiental Management Commission as the
issuing authority for air quality permits;
(3) G.S. 143-215.1 which governs water pollution
permits and designates the Environmental
Management Commission as the issuing authority;
(4) G.S. 121-12, Protection of Properties on the
National Register, which requires consideration of
project impact on any property listed in the National
Register; and
(5) G.S. 70-1 through 70-3, Indian Antiquities laws,
which urges private landowners to refrain from
excavation and other actions leading to the
destruction of Indian archaeological sites on their
property. It also requires local governments to
report the discovery of artifacts and refrain from
further excavation or construction when excavating
or constructing on public lands.
(e) The recipient shall obtain all air pollution and water
pollution permits for a CDBG program pursuant to Paragraph
(d) of this Rule.
(f) All records and data shall be maintained pursuant to Rule
.0911 of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.108;
143B-10; 143B-431: 24 C.F.R. Part 58; 24 C.F.R. 570.487;
42 U.S.C.A. 4321 through 4370; 42 U.S.C.A. 5304(b)(4);
Eff. July 1, 1982;
Amended Eff. August L 1998: June 1, 1993: September 1,
1990; May 1, 1988; October 1, 1984.
>
SECTION .1300
HOUSING DEVELOPMENT
PROJECTS
.1301 DESCRIPTION
Grants under this category shall support the development of
housing opportunities for low- and moderate-income persons.
The Division may limit the use of program funds to specific
eligible activities.
History Note: Authority G.S. 1438-10; 143B-431; 24 C.F.R.
570.483;
Eff. March 1, 1986;
Amended Eff. August L 1998: May 1, 1992.
. 1 302 ELIGIBILITY REQUIREMENTS
(a) Applications for Housing Development funds must show
that:
(1) At least 51 percent of the CDBG funds proposed for
each project will benefit low- and moderate-income
persons; and
(2) CDBG funds proposed for each activity shall meet a
national objective as specified in HUD regulations
previously incorporated by reference, except that
funds shall not be used to meet the national objective
of urgent need which is covered by Rule .0801 of
this Subchapter.
Applicants that do not meet these requirements will not be
rated or funded.
(b) Applicants shall have the capacity to administer a
Community Development Block Grant Program. The Division
may examine the following areas to determine capacity:
(1) audit and monitoring findings on previously funded
Community Development Block Grant Programs,
and the applicant's fiscal accountability as
demonstrated in other state or federal Programs or
local government financial reports; and
(2) the rate of expenditure of funds in previously funded
Community Development Block Grant Programs.
History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R.
570.482; 24 C.F.R. 570.483;
Eff. March 1. 1986;
Amended Eff. August L 1998: June 1, 1994; June 1, 1993;
September 1, 1990; April 1, 1990.
SECTION .1700 - COMMUNITY EMPOWERMENT
PROJECTS
.1701 DESCRIPTION
Grants under the Community Empowerment Category shall
improve self-sufficiency and economic opportunities for low-
and moderate-income persons.
History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R.
570.483;
Eff. March 1. 1995;
Amended Eff Aug ust 1. 1998.
.1702 ELIGIBILITY REQUIREMENTS
(a) Applications for Community Empowerment funds must
show that:
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1528
APPROVED RULES
(1) At least 51 percent of the CDBG funds proposed for
each project will benefit low- and moderate-income
persons; and
(2) CDBG funds proposed for each activity shall meet a
national objective as specified in HUD regulations
previously incorporated by reference, except that
funds shall not be used to meet the national objective
of urgent need which is covered by Rule .0801 of
this Subchapter.
(3) The project includes at least one dollar ($1.00) of
non-CDBG funds to match each dollar of CDBG
funds requested, except for projects in counties
designated by the Secretary of Commerce as Tier
One Enterprise Areas as defined in G.S. 105-
130, 40(c) or areas designated by the federal
government as Enterprise Zones.
(b) Applicants shall have the capacity of administer a CDBG
program. The Division may examine the following areas to
determine capacity:
(1) audit and monitoring findings on previously funded
Community Development Block Grant programs, and
the applicant's fiscal accountability as demonstrated
in other state or federal programs or local
government financial reports: and
(2) the rate of expenditure of funds and accomplishments
in previously funded CDBG programs.
Applicants that show a lack of capacity will not be rated or
funded.
History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R.
570.482; 24 C.F.R. 570.483;
Eff. March 1, 1995;
Amended Eff. August L 1998.
SECTION .1800 - NORTH CAROLC^A
DEVELOPMENT LOAN FUND
.1801 GENERAL
(a) The North Carolina Development Loan Fund is a loan
program for non-entitlement communities participating in the
Small Cities Community Development Block Grant program to
access the Department of Housing and Urban Development's
Section 108 Guaranteed Loan Program. The funds under this
program are loaned to units of local governments for projects
meeting one of the national objectives of benefitting low and
moderate income persons, eliminating slums and blight or
addressing a community's urgent needs, as defined in the
Housing and Conmiunity Development Act of 1974 as
amended.
(b) The Division shall review applications from local
governments to the Department of Housing and Urban
Development under the Development Loan Fund program. The
re\-iew and approval must be made to pledge future state CDBG
allocation as additional collateral for the Development Loan
fund program.
(c) The Division shall review applications for projects with
housing, commercial and mixed use components. The
Commerce Finance Center shall review and approve economic
development projects.
History Note: Authority G.S. 143B-431; 153A-376; 160A- i
456; 24 C.F.R. 570 Subpart M; \
Eff. Aug ust 1. 1998.
.1802 ELIGIBLE ACTIVITIES
(a) This section incorporates by reference as eligible
activities those activities described in the Housing and
Community Development Act of 1974, as amended, including
subsequent amendments and editions under Section 108 and in
24 CFR 570.703.
(b) G.S. 143B-43 1(d)(3) - further limits eligibility by
finding that hotels, motels, private recreational facilities,
private entertainment facilities and convention centers are
ineligible for Development Loan Funds.
(c) Copies of these sections of state and federal law and
regulation are available for public inspection from the Division
of Community Assistance.
History Note: Authority G.S. 1433-431; 24 C.F.R. 570. 703;
Eff. Aug ust 1. 1998.
.1803 ELIGIBILITY REQUIREMENTS
(a) Applications for Development Loan Funds must show
that:
(1) All activities are eligible under state and federal
regulations; and
(2) Development Loan Funds proposed for each activity I
meet a national objective as specified by HUD
regulations incorporated by prior reference; and
(3) The applicant has the capacity to administer a
Development Loan Fund project.
(b) The Division must make the following findings prior to
an award:
(1) A loan loss reserve is in place equal to 10% of the
amount of the outstanding balance.
(2) The approved loan may not take the total amount of
outstanding obligations under the Development Loan
Fund to more than twice the amount of the annual
CDBG allocation.
History Note: Authority G.S. 1438-431; 24 C.F.R. 570
Subpart M;
Eff. Aug ust 1. 1998.
TITLE 10 - DEPARTMENT OF HEALTH AND
HUMAN SERVICES
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3D - RULES AND REGULATIONS
GOVERNING AMBULANCE
SERVICE AND TRAUMA SYSTEMS
(
1529
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
SECTION .2000 - GENERAL INFORMATION
.2001 DEFLNITIONS
The following definitions apply throughout this Subchapter:
(1) "Advanced Life Suppon Professional (ALS
Professional)" means a cenified emergency medical
dispatcher. emergency medical technician,
emergency medical technician-intermediate, or
emergency medical technician-paramedic whether
working on a paid or volunteer basis.
(2) "Advanced Life Suppon Program (ALS Program)"
means a program of prehospital emergency medical
care whereby definitive medical care is delivered to
a victim of sudden injury or illness by appropriately
educated and cenified ALS professionals operating
under the direction of a sponsor hospital.
(3) "Ambulance Call Repon" means a written or
electronic record of out-of-hospital activities
penaining to the care of an individual patient.
(4) "Bypass" means the transpon of an Emergency
Medical Services patient past a normally used
Emergency Medical Services receiving faciliiv' for
the purposes of accessing a designated trauma center
or a higher level trauma center.
(5) "Contingencies" means conditions placed on a
hospital's designation which, if unmet, can result in
the loss or amendment of a hospital's designation.
(6) "Continuous Quality Improvement (CQI)" means a
system in which outcome data is used to modif\- the
process of patient care and prevent repetition of
adverse events.
(7) "Deficiencies" are criteria for a trauma center's
designation as specified in Section .2100 of this
Subchapter that are determined to be unsatisfactor\-
which can serve as the basis for the denial of a
trauma center designation or renewal.
(8) "Depanment" means the Nonh Carolina Depanment
of Health and Human Services.
(9) "Diversion" means that a hospital of its own volition
reroutes a trauma patient to a trauma center.
(10) "E-Code" is a numeric identifier that defines the
cause of injury, taken from the International
Classification of Diseases (ICD).
(11) "Hospital" means a licensed facility as defined in
G.S. 131E-176.
(12) "Level I Trauma Center" is a regional resource
trauma center that has the capability of providing
leadership, research and total care for every aspect of
injury from prevention to rehabilitation.
(13) "Level II Trauma Center" is a hospital that provides
definitive trauma care regardless of the severity of
injury, but may not be able to provide the same
comprehensive care as a Level I trauma center, and
does not have trauma research as a primary objective.
(14) "Level III Trauma Center" is a hospital that provides
prompt assessment, resuscitation, emergency
operations, and stabilization and arranges for hospital
transfer as needed to a Level I or II trauma center.
(15) "NCOEMS" means the N'onh Carolina Office of
Emergency Medical Services.
(16) "Regional Advisory Committee (R.\C) ' is a group
representing trauma care providers and the
community, affiliated with a Level I or II trauma
center, for the purpose of regional trauma planning,
establishing, and maintaining a coordinated trauma
system.
(17) "Request for Proposal (RFP)" is a standardized state
document that must be completed by each hospital
seeking mitial or renewal trauma center designation.
(18) "Transfer Agreement" means a formal written
agreement between two agencies specif>ing the
appropnate transfer of patient populations delineating
the conditions and methods of transfer.
(19) "Trauma Center" is a hospital facility designated by
the state of Nonh Carolina and distinguished by its
ability to immediately manage, on a 24-hour basis,
the severely injured patient or those at risk for se\ere
injury.
(20) "Trauma Center Criteria" means essential or
desirable characteristics to define Level I, II or III
trauma centers.
(21) "Trauma Center Designation" means a formalized
process of approval in which a hospital voluntarily
seeks to have its trauma care capabilities and
performance evaluated b\' experienced on-site
reviewers.
(22) "Trauma Minimum Data Set" means the basic data
required of all hospitals for submission to the trauma
statewide database.
(23) "Trauma Patient" is a person who has sustained acute
injury and by means of a standardized field triage
criteria (anatomic, physiologic and mechanism of
injury) is judged to be at significant risk of monality
or major morbidity.
(24) "Trauma Protocols" are standards for practice in a
variety of situations within the trauma s\stem.
(25) "Trauma Registry" is an OEMS maintained database
to provide information for analysis and evaluation of
the quality of patient care, including epidemiological
and demographic characteristics of trauma patients.
(26) "Trauma SeI^■ice" means a clinical service established
by the medical staff that has oversight of and
responsibility for the care of the trauma patient.
(27) "Trauma System" means an integrated network that
ensures that acutely injured patients are expeditiously
taken to hospitals appropriate for their level of
injury.
(28) "Trauma Team" means a group of health care
professionals organized to provide coordinated and
timely care to the trauma patient.
(29) "Triage" is a predetermined schematic for patient
distribution based upon established medical needs.
(30) "Weaknesses" are significant areas of concern
identified in conjunction with a hospital's request for
NORTH CAROLINA REGISTER
February 16, 1998
1530
APPROVED RULES
trauma center designation or renewal. A significant
number or magnitude of weaknesses can result in
denial of a hospital's request for initial or renewal
trauma center designation.
History Note: Authority G.S. 131-162;
Eff. August 1. 1998.
SECTION .2100 - TRAUMA CENTER STANDARDS
AND APPROVAL
.2101 LEVEL I TRAUMA CENTER CRITERIA
(a) To receive designation as a Level I Trauma Center, a
hospital shall have the following:
(1) a trauma service which has been operational for at
least six months prior to application;
(2) membership in and inclusion of all trauma patient
records in the North Carolina Trauma Registry for at
least six months prior to submitting an RFP
application:
(3) a trauma medical director who is a board certified
general surgeon. The trauma medical director must;
(A) have a minimum of three years clinical
experience on a trauma service and/or trauma
fellowship training;
(B) serve on the center's trauma service;
(C) panicipate in providing care to patients with
life-threatening or urgent injuries;
(D) participate in the North Carolina Chapter of
the American College of Surgeons' Committee
on Trauma;
(E) remain a current provider in the American
College of Surgeons' Advanced Trauma Life
Support Course and in the provision of trauma
related instruction to other health care
personnel; and
(F) be involved with trauma research and the
publication of results and presentations:
(4) a full-time trauma nurse coordinator (TNC) who is a
registered nurse, licensed by the North Carolina
Board of Nursing;
(5) a full-time trauma registrar (TR) who has a working
knowledge of medical terminology, is able to operate
a personal computer, and has demonstrated the
ability to extract data from the medical record;
(6) clinical services in General Surgery, Neurologic
Surgery, Orthopedic Surgery, Emergency Medicine,
and Anesthesiology;
(7) response of a trauma team to provide evaluation and
treatment of a trauma patient 24-hours-per-day that
includes:
(A) an in house Post Graduate Year 4 or senior
general surgical resident, at a minimum, who
is a member of that hospital's surgical
residency program and responds within 20
minutes of notification;
(B) a trauma attending who responds within 20
minutes of notification and participates in
therapeutic decisions and is present at all
operative procedures:
(C) an emergency physician who is present in the I
emergency department 24-hours-per-day who
is either board certified or prepared in
emergency medicine (by the American Board
of Emergency Medicine or the American
Osteopathic Board of Emergency Medicine) or
board certified or eligible by the American
Board of Surgery, American Board of Family
Practice, or American Board of Internal
Medicine and practices emergency medicine as
his primary specialty. This physician serves
as a designated member of the trauma team
until the arrival of the trauma surgeon;
(D) neurosurgery' and orthopaedic surgery
specialists who are never simultaneously on
call at another Level II or higher trauma
center, who are available within 30 minutes of
notification as long as there is either an in-
house attending neurosurgeon/orthopedic
surgeon; a Post Graduate Year 2 or higher in-
house neurosurgepv'/orthopedic surgery
resident or an in-house trauma surgeon or
emergency physician as long as the institution
can document management guidelines and
annual continuing medical education for
neurosurgical /orthopedic emergencies. There
must be a specified written back-up on the call
schedule whenever the
neurosurgical/orthopedist is simultaneously on
call at a hospital other than the trauma center;
(E) An in-house anesthesiologist or a Post
Graduate Year 4 anesthesiology chief resident
as long as an anesthesiologist on call is
advised and promptly available within 20
minutes;
(8) a written credentialing process established by the
department of surgery to approve attending general
surgeons covering the trauma service. These
surgeons must have a minimum of board certification
in general surgery within five years of completing
residency;
(9) two separate call schedules. One shall be for trauma,
one for general surgery. In those instances where a
physician may simultaneously be listed on both
schedules, there must be a defined back-up surgeon
listed on the trauma schedule. If a surgeon is
simultaneously on call at more than one hospital,
there must be a defined back-up listed on the trauma
schedule. In addition, the hospital shall publish an
on-call schedule for neurosurgeons, orthopedic
surgeons and other major specialists; ,
(10) standard written protocols relating to trauma care I
management must be formulated and routinely
updated;
1531
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
(11) Criteria to ensure team activation within 20 minutes
prior to patient arrival (in instances where the
hospital has at least 20 minutes notification), trauma
service admission, and evaluation of patients w/
with multiple system or major injury based upon the
earliest recognition of the following physiologic
criteria:
(A) Shock;
(B) Respiratory distress;
(C) airway compromise;
(D) spinal cord injury;
(E) umesponsiveness (Glasgow Coma Scale < 8)
with potential for multiple injuries;
(F) revised trauma score less than or equal to eight
(when in field);
(12) pronpt surgical consults that shall be initiated based
upon the following criteria:
(A) falls > 20 feet;
(B) pedestrian struck by motor vehicle;
(C) motor vehicle crash with:
(i) ejection (includes motorcycle);
(ii) rollover;
(iii) speed > 40 miles per hour; or
(iv) death at the scene;
(D) proximal amputations;
(E) bum plus trauma;
(F) vascular compromise;
(G) crush to chest or pelvis;
(H) two or more proximal long bone fractures; and
(I) gunshot wound to torso, neck, or proximal
extremities;
(13) within 30 minutes of notification, availability of
services to include:
(A) cardiac surgery;
(B) cardiology;
(C) hand surgery;
(D) infectious disease;
(E) internal medicine and subspecialties;
(F) microvascular surgery (replant/flaps);
(G) obstetric/gynecologic surgery;
(H) ophthalmic surgery;
(I) oral/maxillofacial surgery;
(J) pediatric surgery;
(K) pediatrics;
(L) plastic surgery;
(M) pulmonary medicine;
(N) radiology;
(O) thoracic surgery provided by a board certified
thoracic surgeon or general trauma surgeon
with thoracic surgical privileges; and
(P) urologic surgery;
(14) an emergency depanment which has at a minimum;
(A) a designated physician director who, if hired
after January 1, 1992, is board certified or
board prepared in emergency medicine (by the
American Board of Emergency Medicine or
the American Osteopathic Board of
Emergency Medicine);
(B) 24-hour-per-day staffing by physicians
physically present in the Emergency
Depanment who:
(i) are either board certified or prepared in
emergency medicine (by the American
Board of Emergency Medicine or the
American Osteopathic Board of
Emergency Medicine) or board certified
or eligible by the American Board of
Surgery, American Board of Family
Practice, or American Board of Internal
Medicine;
(ii) are designated members of the trauma
team; and
(iii) and practices emergency medicine as
his primary specialty;
(C) nursing personnel with experience in trauma
care who continually monitor the trauma
patient from hospital arrival to disposition to
an intensive care unit, operating room, or
patient care unit;
(D) resuscitation equipment for patients of all ages
to include:
(i) airway control and ventilation
equipment (laryngoscopes, endotracheal
tubes, bag-mask resuscitators, pocket
masks, and oxygen);
(ii) pulse oximetry;
(iii) end-tidal carbon dioxide determination
equipment;
(iv) suction devices;
(v) electrocardiograph-oscilloscope-
defibrillator;
(vi) apparatus to establish central venous
pressure monitoring;
(vii) intravenous fluids and administration
devices to include large bore catheters;
(viii) sterile surgical sets for airway
control/cricothyrotomy, thoracotomy,
vascular access, and chest
decompression;
(ix) apparatus for gastric decompression;
(x) 24-hour-per-day X-ray capability;
(xi) two-way communication equipment for
communication with the emergency
transport system;
(xii) skeletal traction devices, including
capability for cervical traction;
(xiii) arterial catheters;
(xiv) thermal control equipment for patients;
and
(xv) thermal control equipment for blood
and fluids;
(15) an operating suite which is immediately available 24-
hours-per-day and has at a minimum;
(A) 24-hour-per-day immediate availability of in
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1532
APPROVED RULES
house staffing;
(B) equipment for patients of all ages to include:
(i) cardiopulmonary bypass capability;
(ii) operating microscope;
(iii) thermal control equipment for patients;
(iv) thermal control equipment for blood
and fluids;
(v) 24-hour-per-day X-ray capability
including c-arm image intensifier; (18)
(vi) endoscopes; (19)
(vii) craniotomy instruments; and
(viii) capability of fixation of long-bone and
pelvic fractures; (20)
(16) a postanesthetic recovery room or surgical intensive
care unit which has at a minimum;
(A) 24-hour-per-day in house staffing by
registered nurses and other essential (21)
personnel;
(B) equipment for patients of all ages to include:
(i) capability for continuous monitoring of (22)
temperature, hemodynamics, and gas
exchange;
(ii) capability for continuous monitoring of
intracranial pressure;
(iii) pulse oximetry;
(iv) end tidal carbon dioxide determination
capability;
(v) thermal control equipment for patients;
and
(vi) thermal control equipment for blood (23)
and fluids;
(17) an intensive care unit for trauma patients which has
at a minimum;
(A) a designated surgical director of trauma
patients;
(B) a physician on duty in the intensive care unit
24-hours-per-day or immediately available
from within the hospital as long as this
physician is not the sole physician on call for
the emergency department;
(C) maximum ratio of one nurse per two patients
on each shift;
(D) equipment for patients of all ages to include:
(i) airway control and ventilation
equipment (laryngoscopes, endotracheal (24)
tubes, bag-mask resuscitators and
pocket masks);
(ii) oxygen source with concentration
controls;
(iii) cardiac emergency cart;
(iv) temporary transvenous pacemaker;
(v) elect roc ardiograph-oscilloscope-
defibrillator;
(vi) cardiac output monitoring capability;
(vii) electronic pressure monitoring
capability;
(viii) mechanical ventilator; (25)
(ix) patient weighing devices;
(x) pulmonary function measuring devices;
(xi) temperature control devices; and
(xii) intracranial pressure monitoring
devices;
(E) within 30 minutes of request, be able to
perform blood gas measurements, hematocrit
level, and chest X-ray studies;
acute hemodialysis capability;
physician-directed bum center staffed by nursing
persormel trained in bum care or a written transfer
agreement with a bum center;
acute spinal cord management capability or written
transfer agreement with a designated spinal cord
injury rehabilitation center when one exists within
the region;
acute head injury management capability or written
transfer agreement with a designated head injury
center when one exists within the region;
radiological capabilities which has at a minimum:
(A) 24-hour-per-day in-house radiology
technician;
(B) 24-hour-per-day in-house computerized
tomography technician;
(C) sonography;
(D) nuclear scaiming;
(E) computed tomography;
(F) angiography; and
(G) neuroradiology;
a rehabilitation service which provides at a
minimum;
(A) a professional staff trained in rehabilitation
care of critically injured patients;
(B) for major trauma patients, functional
assessment and recommendations regarding
short and long term rehabilitation needs within
one week of the patient's admission to the
hospital or as soon as hemodynamically stable;
(C) full in-house rehabilitation service or a written
transfer agreement with a rehabilitation
facility accredited by the Commission on
Accreditation of Rehabilitation Facilities; and
(D) substance abuse evaluation and counseling
capability;
24-hour-per-day clinical laboratory service which
must include at a minimum:
(A) standard analysis of blood, urine, and other
body fluids;
(B) blood typing and cross-matching;
(C) coagulation studies;
(D) comprehensive blood bank or access to a
community central blood bank with storage
facilities;
(E) blood gases and pH determination;
(F) microbiology; and
(G) drug and alcohol screening capability;
a quality improvement program to include:
1533
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
(A) a state approved trauma registry;
(B) morbidity and mortality reviews;
(C) multidisciplinary trauma conference, at least
quarterly, to include physicians, nurses, pre-
hospital personnel , and a variety of other care
givers which critiques individual cases and
discusses educational issues related to trauma;
(D) utilization review;
(E) documentation and review of times and
reasons for trauma related diversion of
patients; and
(F) documentation and review of response times
for trauma surgeons, neurosurgeons,
anesthesiologists, and orthopedists;
(26) an outreach program to include:
(A) written transfer agreements to address the
transfer and receipt of trauma patients;
(B) programs for physicians within the community
and within the referral area (to include
telephone and on-site consultations) about how
to access the trauma center resources and refer
patients within the system;
(C) development of a Regional Advisory
Committee (RAC) as specified in Section
.2302 of this Subchapter;
(D) development of regional criteria for
coordination of trauma care;
(E) assessment of impact on trauma morbidity and
mortality and on patient outcome; and
(F) assessment of trauma system operations at the
regional level;
(27) a program of trauma prevention and public education
to include:
(A) epidemiology research to include studies in
injury control, collaboration with other
institutions on research, monitoring progress
of prevention programs, and consultation with
qualified researchers on evaluation measures;
(B) surveillance methods to include trauma
registry data, special Emergency Department
and field collection projects;
(C) designation of a trauma prevention
coordinator, which may be part of the trauma
nurse coordinator effort; and
(D) outreach activities, program development,
information resources and collaboration with
existing national, regional, and state trauma
programs;
(28) a trauma research program designed to produce new
knowledge applicable to the care of injured patients
to include:
(A) a designated trauma research director;
(B) regular meetings of a research group;
(C) if required, proposals reviewed by
institutional review board;
(D) study designs which include the development
and testing of clearly defined hypotheses;
(E) presentation of research material at local,
regional, or national meetings; and
(F) publication of research material in peer-
reviewed journals;
(29) a documented continuing education program for staff
physicians, nurses, allied health personnel, and
community physicians to include:
(A) an annual education program on the
rehabilitation of major trauma patients for
physicians, nurses and ancillary staff that deal
in the early phase of care of these patients,
including the efficacy of early rehabilitation
interventions, long term sequelae of
neurologic trauma, and long term functional
prognosis of major trauma patients;
(B) assurance of:
(i) 20 hours of category I trauma related
continuing medical education every two
years for all attending general surgeons
on the trauma service;
(ii) 20 hours of category I trauma related
continuing medical education every two
years for all emergency physicians;
(iii) 20 hours of category I trauma related
continuing medical education (beyond
in house in services) every two years
for the trauma nurse coordinator;
(iv) eight hours of traimia registry related or
trauma related continuing education
each year, as deemed appropriate by the
trauma nurse coordinator, for the
trauma registrar;
(v) at least an 80% compliance rate for 16
hours of trauma related continuing
education (as approved by the trauma
nurse coordinator) every two years
related to trauma care for RN's and
LPN's in transport programs,
emergency departments, primary
intensive care units, primary trauma
floors, and other areas deemed
appropriate by the trauma nurse
coordinator; and
(vi) eight contact hours of trauma related
continuing education each year for
physician assistants and mid-level
practitioners routinely caring for
trauma patients; and
(30) an organ procurement program which includes
medical and legal criteria for donation, role of organ
procurement organizations and role of trauma care
professionals.
(b) Initial designation as a Level I Trauma Center is valid for
a period of three years. Hospitals may be issued a renewal
designation for four years by demonstrating continued
compliance with all criteria specified in Subparagraph (a) of
this Rule.
12.16
NORTH CAROLINA REGISTER
February 16, 1998
1534
APPROVED RULES
History Note:
Eff. August L
Authority G.S. 131E-162:
1998.
.2102 LEVEL II TRALTVIA CENTER CRITERIA
(a) To receive designation as a Level II Trauma Center, a
hospital shall have the following:
(1) a trauma service which has been operational for at
least six months prior to application:
(2) membership in and inclusion of all trauma patient
records in the North Carolina Trauma Registry' for at
least six months prior to application;
(3) a trauma medical director who is a board certified
general surgeon. The trauma medical director must:
(A) have a minimum of three years clinical
experience on a trauma service and/or trauma
fellowship training:
(B) serve on the center's trauma service;
(C) participate in providing care to patients with
life-threatening or urgent injuries;
(D) participate in the North Carolina Chapter of
the American College of Surgeons' Committee
on Trauma;
(E) remain a current provider in the American
College of Surgeons' Advanced Trauma Life
Support Course and in the provision of trauma
related instruction to other health care
personnel; and
(4) a full-time trauma nurse coordinator (TNC) who is a
registered nurse, licensed by the North Carolina
Board of Nursing;
(5) a ftill-time trauma registrar (TR) who has a working
knowledge of medical terminology, is able to operate
a personal computer, and has demonstrated the
ability to extract data from the medical record;
(6) clinical services in General Surgerv', Neurologic
Surger\', Orthopedic Surgerv', Emergency Medicine,
and Anesthesiology;
(7) response of a trauma team to provide evaluation and
treatment of a trauma patient 24-hours-per-day that
includes:
(A) a trauma attending who responds within 20
minutes of notification and participates in
therapeutic decisions and is present at all
operative procedures;
(B) an emergency physician who is present in the
emergency department 24-hours-per-day who
is either board certified or prepared in
emergency medicine (by the American Board
of Emergency Medicine or the American
Osteopathic Board of Emergency Medicine) or
board cenified or eligible by the American
Board of Surgerv', American Board of Family
Practice, or American Board of Internal
Medicine and practices emergency medicine as
his primary- specialty. This physician serves
as a designated member of the trauma team
until the arrival of the trauma suraeon;
(C) neurosurgery' and orthopedic surgen,'
specialists who are never simultaneously on
call at another Level II or higher trauma
center, who are available within 30 minutes of a
notification as long as there is there is either I
an in-house attending neurosurgeon/orthopedic
surgeon; a Post Graduate Year 2 or higher
in-house neurosurgery/orthopedic surgery
resident; or an in-house emergency physician
or the on-call trauma surgeon as long as the
institution can document management
guidelines and annual continuing medical
education for neurosurgical/orthopedic
emergencies. There must be a specified
written back-up on the call schedule whenever
the neurosurgeon/orthopedic surgeon is
simultaneously on call at a hospital other than
the trauma center;
(D) An in-house anesthesiologist or a Post
Graduate Year 4 anesthesiology chief resident
as long as an anesthesiologist on call is
advised and promptly available within 20
minutes or an in-house CRNA under physician
supervision, practicing in accordance with
G.S. 90-171.20(7)e., pending the arrival of
the anesthesiologist;
(8) a written credentialing process established by the
department of surgery to approve attending general
surgeons covering the trauma service. These
surgeons must have a minimum of board cenification i
in general surgen,' within five j'ears of completing '
residency;
(9) two separate call schedules. One shall be for trauma,
one for general surger)'. In those instances where a
physician may simultaneously be listed on both
schedules, there must be a defined back-up surgeon
listed on the trauma schedule. If a surgeon is
simultaneously on call at more than one hospital,
there must be a defined back-up listed on the trauma
schedule. In addition, the hospital shall publish an
on-call schedule for neurosurgeons, orthopedic
surgeons and other major specialists;
(10) standard written protocols relating to trauma care
management must be formulated and routinely
updated;
(1 1) Criteria to ensure team activation within 20 minutes
prior to patient arrival (in instances where the
hospital has at least 20 minutes notification), trauma
service admission, and evaluation of patients with
multiple system or major injun' based upon the
earliest recognition of the following physiologic
criteria:
(A) Shock;
(B) Respirator)' distress;
(C) airway compromise; a
(D) spinal cord injur,-; I
(E) unresponsiveness (Glasgow Coma Scale < 8)
1535
SORTH CAROLLVA REGISTER
February 16, 1998
12:16
APPROVED RULES
with potential for multiple injuries;
(F) revised trauma score less than or equal to eight
(when in field);
(12) prompt surgical consults that shall be initiated based
upon the following criteria:
(A) falls > 20 feet;
(B) pedestrian struck by motor vehicle;
(C) motor vehicle crash with:
(i) ejection (includes motorcycle);
(ii) rollover;
(iii) speed > 40 miles per hour; or
(iv) death at the scene;
(D) proximal amputations;
(E) bum plus trauma;
(F) vascular compromise;
(G) crush to chest or pelvis;
(H) two or more proximal long bone fractures; and
(I) gunshot wound to torso, neck, or proximal
extremities;
(13) within 30 minutes of notification, availability of
services to include:
(A) cardiology;
(B) internal medicine and subspecialties;
(C) obstetric/gynecologic surgery;
(D) ophthalmic surgery';
(E) oral/maxillofacial surgery;
(F) pediatrics;
(G) plastic surgery;
(H) pulmonary medicine;
(I) radiology;
(J) thoracic surgery provided by a board certified
thoracic surgeon or general trauma surgeon
with thoracic surgical privileges; and
(K) urologic surgery;
(14) an emergency department which has at a minimum;
(A) a designated physician director who, if hired
after January 1, 1992, is board certified or
board prepared in emergency medicine (by the
American Board of Emergency Medicine or
the American Osteopathic Board of
Emergency Medicine);
(B) 24-hour-per-day staffing by physicians
physically present in the Emergency
Department who:
(i) are either board certified or prepared in
emergency medicine (by the American
Board of Emergency Medicine or the
American Osteopathic Board of
Emergency Medicine) or board certified
or eligible by the American Board of
Surgery, American Board of Family
Practice, or American Board of Internal
Medicine;
(ii) are designated members of the trauma
team; and
(iii) practice emergency medicine as their
primary specialty;
(C) nursing personnel with experience in trauma
care who continually monitor the trauma
patient from hospital arrival to disposition to
an intensive care unit, operating room, or
patient care unit;
(D) resuscitation equipment for patients of all ages
to include:
(i) airway control and ventilation
equipment (laryngoscopes, endotracheal
tubes, bag-mask resuscitators, pocket
masks, and oxygen);
(ii) pulse oximetry;
(iii) end-tidal carbon dioxide determination
equipment;
(iv) suction devices;
(v) elect roc ardiograph-osc illoscope-
defibrillator;
(vi) apparatus to establish central venous
pressure monitoring;
(vii) intravenous fluids and administration
devices to include large bore catheters;
(viii) sterile surgical sets for airway
control/cricothy rotomy , thoracotomy ,
vascular access, and chest
decompression;
(ix) apparatus for gastric decompression;
(x) 24-hour-per-day X-ray capability;
(xi) two-way communication equipment for
communication with the emergency
transport system;
(xii) skeletal traction devices, including
capability for cervical traction;
(xiii) arterial catheters;
(xiv) thermal control equipment for patients;
and
(xv) thermal control equipment for blood
and fluids;
(15) an operating suite which is immediately available 24-
hours-per-day and which has at a minimum;
(A) 24-hour-per-day immediate availability of in
house staffing;
(B) equipment for patients of all ages to include:
(i) thermal control equipment for patients;
(ii) thermal control equipment for blood
and fluids;
(iii) 24-hour-per-day X-ray capability
including c-arm image intensifier;
(iv) endoscopes;
(v) craniotomy instruments; and
(vi) capability of fixation of long-bone and
pelvic fractures;
(16) a postanesthetic recovery room or surgical intensive
care unit which has at a minimum;
(A) 24-hour-per-day in house staffing by
registered nurses and other essential
personnel;
(B) equipment for patients of all ages to include:
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1536
APPROVED RULES
(i) capability for continuous monitoring of
temperature, hemodynamics, and gas
exchange;
(ii) capability for continuous monitoring of
intracranial pressure;
(iii) pulse oximetry;
(iv) end tidal carbon dioxide determination
capability;
(v) thermal control equipment for patients;
and
(vi) thermal control equipment for blood
and fluids;
(17) an intensive care unit for trauma patients which has
at a minimum;
(A) a designated surgical director of trauma
patients;
(B) a physician on duty in the intensive care unit
24-hours-per-day or immediately available
from within the hospital as long as this
physician is not the sole physician on call for
the emergency department;
(C) maximum ratio of one nurse per two patients
on each shift;
(D) equipment for patients of all ages to include:
(i) airway control and ventilation
equipment (laryngoscopes, endotracheal
tubes, bag-mask resuscitators and
pocket masks);
(ii) oxygen source with concentration
controls;
(iii) cardiac emergency cart;
(iv) temporary transvenous pacemaker;
(v) electrocardiograph-oscilloscope-
defibrillator;
(vi) cardiac output monitoring capability;
(vii) electronic pressure monitoring
capability;
(viii) mechanical ventilator;
(ix) patient weighing devices;
(x) pulmonary function measuring devices;
(xi) temperature control devices; and
(xii) intracranial pressure monitoring
devices;
(E) within 30 minutes of request, be able to
perform blood gas measurements, hematocrit
level, and chest X-ray studies;
(18) acute hemodialysis capability or utilization of a
written transfer agreement;
(19) physician-directed bum center staffed by nursing
personnel trained in bum care or a written transfer
agreement with a bum center;
(20) acute spinal cord management capability or written
transfer agreement with a designated spinal cord
injury rehabilitation center when one exists within
the region;
(21) acute head injury management capability or written
transfer agreement with a designated head injury
center when one exists within the region;
(22) radiological capabilities which has at a minimum:
(A) 24-hour-per-day in-house radiology
technician;
(B) 24-hour-per-day in-house computerized
tomography technician;
(C) sonography;
(D) computed tomography; and
(E) angiography;
(23) a rehabilitation service which provides at a
minimum:
(A) a professional staff trained in rehabilitation
care of critically injured patients;
(B) for major trauma patients, functional
assessment and recommendations regarding
short and long term rehabilitation needs within
one week of the patient's admission to the
hospital or as soon as hemodynamically stable;
(C) full in-house rehabilitation service or a written
transfer agreement with a rehabilitation
facility accredited by the Commission on
Accreditation of Rehabilitation Facilities; and
(D) substance abuse evaluation and counseling
capability;
(24) 24-hour-per-day clinical laboratory service which
must include at a minimum:
(A) standard analysis of blood, urine, and other
body fluids;
(B) blood typing and cross-matching;
(C) coagulation studies;
(D) comprehensive blood bank or access to a
community central blood bank with storage
facilities;
(E) blood gases and pH determination;
(F) microbiology; and
(G) drug and alcohol screening capability;
(25) a quality improvement program to include:
(A) a state approved trauma registry;
(B) morbidity and mortality reviews;
(C) multidisciplinary trauma conference, at least
quarterly, to include physicians, nurses, pre-
hospital persoimel, and a variety of other care
givers which critiques individual cases and
discusses educational issues related to trauma;
(D) utilization review;
(E) documentation and review of times and
reasons for trauma related diversion of
patients; and
(F) documentation and review of response times
for trauma surgeons, neurosurgeons,
anesthesiologists, and orthopedists;
(26) an outreach program to include:
(A) written transfer agreements to address the
transfer and receipt of trauma patients;
(B) programs for physicians within the community
and within the referral area (to include
telephone and on-site consultations) about how
1537
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
to access the trauma center resources and refer
patients within the system;
(C) development of a Regional Advisory
Committee (RAC) as specified in Section
.2302 of this Subchapter;
(D) development of regional criteria for
coordination of trauma care;
(E) assessment of impact on trauma morbidity and
mortality and on patient outcome; and
(F) assessment of trauma system operations at the
regional level;
(27) a program of trauma prevention and public education
to include:
(A) designation of a trauma prevention
coordinator, which may be part of the trauma
nurse coordinator effort; and
(B) outreach activities, program development,
information resources and collaboration with
existing national, regional, and state trauma
programs;
(28) a doctimented continuing education program for staff
physicians, nurses, allied health personnel, and
community physicians to include:
(A) an aimual education program on the
rehabilitation of major trauma patients for
physicians, nurses and ancillary staff that deal
in the early phase of care of these patients,
including the efficacy of early rehabilitation
interventions, long term sequelae of
neurologic trauma, and long term functional
prognosis of major trauma patients;
(B) assurance of:
(i) 20 hours of category I trauma related
continuing medical education every two
yean for all attending general surgeons
on the trauma service;
(ii) 20 hours of category I trauma related
continuing medical education every two
years for all emergency physicians;
(iii) 20 hours of category I trauma related
continuing medical education (beyond
in house in services) every two years
for the trauma nurse coordinator;
(iv) eight hours per year trauma registry
related or trauma related continuing
education, as deemed appropriate by
the trauma nurse coordinator, for the
trauma registrar;
(v) at least an 80% compliance rate for 16
hours of trauma related continuing
education (as approved by the trauma
nurse coordinator) every two years
related to trauma care for RN's and
LPN's in transport programs,
emergency departments, primary
intensive care units, primary trauma
floors, and other areas deemed
appropriate by the trauma nurse
coordinator; and
(vi) eight contact hours of trauma related
continuing education each year for
physician assistants and mid-level
practitioners routinely caring for
trauma patients; and
(29) an organ procurement program which includes
medical and legal criteria for donation, role of organ
procurement organizations and role of trauma care
professionals,
(b) Initial designation as a Level II Trauma Center is valid
for a period of three years. Hospitals may be issued a renewal
designation for four years by demonstrating continued
compliance with all criteria specified in Subparagraph (a) of
this Rule.
History Note: Authority G.S. 131E-162;
Eff. Aug ust 1. 1998.
.2105 EVITIAL DESIGNATION PROCESS
(a) A hospital interested in pursuing trauma center
designation shall submit a letter of intent to the Office of
Emergency Medical Services and request approval to submit an
RFP based upon a review of the regional data. The Office of
Emergency Medical Services shall procure the regional data to
ascertain the hospital's ability to satisfy the justification of need
information on trauma patient volume and severity of injury
required in Rule .2104(a)(2)(A-C) of this subchapter. The
Office of Emergency Medical Services shall notify the hospital
in writing of its decision. The RAC shall also be notified of
the approval so necessary changes in protocols can be
considered.
(b) The Office of Emergency Medical Services shall review
the RFP and provide comments to the State Emergency Medical
Services Advisory Council.
(c) The State Emergency Medical Services Advisory Council
shall make a recommendation to the Office of Emergency
Medical Services to proceed with a site visit or identify
documentation necessary prior to a site visit.
(d) If the State Emergency Medical Services Advisory
Council does not recommend a site visit, and the Office of
Emergency Medical Services concurs, the reasons shall be
forwarded to the hospital in writing within thirty days of the
decision. The Office of Emergency Medical Services shall
specify a period of time, which shall be no longer than one
year, during which the hospital shall address the concerns in
writing and request reconsideration. If the hospital fails to
respond within the required time period, it shall reapply for
designation by following the process outlined in Rule .2104 of
this subchapter.
(e) If the State Emergency Medical Services Advisory
Council recommends the hospital for a site visit, and the Office
of Emergency Medical Services concurs, the hospital shall be
notified within thirty days and the site visit shall be conducted
within six months of the recommendation. The site visit shall
be scheduled on a date mutually agreeable to the hospital and
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1538
APPROVED RULES
the Office of Emergency Medical Services.
(f) The composition of a Level I or 11 site survey team shall
be as follows:
(1) one out-of-state Fellow of the American College of
Surgeons;
(2) one in-state emergency physician, who is a member
of the North Carolina College of Emergency
Physicians;
(3) one in-state trauma surgeon who is a member of the
North Carolina Committee on Trauma;
(4) one out-of-state trauma nurse coordinator;
(5) the medical advisor of the Office of Emergency
Medical Services; and
(6) the Hospital Programs Specialist of the Office of
Emergency Medical Services.
One physician, usually the one from out-of-state, shall be
designated the primary reviewer. Any in-state reviewer (except
the Office of Emergency Medical Services representatives) shall
be from outside the planning region in which the hospital is
located.
(g) The composition of a Level III site survey team shall be
as follows:
(1) one Fellow of the American College of Surgeons,
who is a member of the North Carolina Committee
on Trauma;
(2) one emergency physician who is a member of the
North Carolina College of Emergency Physicians;
(3) a trauma nurse coordinator;
(4) the medical advisor of the Office of Emergency
Medical Services; and
(5) the Hospital Programs Specialist of the Office of
Emergency Medical Services.
All site team members for a Level III visit shall be from in-
state, and all (except for the Office of Emergency Medical
Services representatives) shall be from outside the plaiming
region in which the hospital is located. One of the physicians
shall be designated the primary reviewer.
(h) On the day of the site visit, the hospital shall make
available all required patient medical charts.
(i) When a hospital is approved for a site visit, the Office of
Emergency Medical Services shall notify the Regional
Emergency Medical Services Councils within the primary
catchment area of the proposed trauma center to allow for
comment on the request for designation.
(j) All criteria defined in Rule .2101, 2102 or .2103 of this
subchapter shall be met for initial designation at the level
requested . No deficiencies shall be permitted.
(k) The reports of the site survey team and the staff
recommendation shall be reviewed by the State Emergency
Medical Services Advisory Council at its next regularly
scheduled meeting which is more than 45 days following the
site visit. Based upon the RFP, the site visit repon, and the
staff recommendation, the State Emergency Medical Services
Advisory Council shall recommend to the Office of Emergency
Medical Services that the request for trauma center designation
be approved or denied.
(1) The hospital shall be notified, in writing, of the State
Emergency Medical Services Advisory Council's and OEMS'
final recommendation within 30 days of the Advisory Council
meeting.
(m) The final decision regarding trauma center designation
shall be rendered by the Office of Emergency Medical Services.
Contingencies on the designation, as well as required due dates
and documentation, shall be specified at the time written
notification is provided of the designation. Satisfaction of
contingencies may require an additional site visit.
History Note: Authority G.S. 131E-162; 143-509(3);
Eff. Aug ust 1. 1998.
.2106 RENEWAL DESIGNATION PROCESS
(a) Prior to the end of the designation period, the Office of
Emergency Medical Services shall forward to the hospital an
RFP for completion. Simultaneously, the Office of Emergency
Medical Services shall notify the Regional Emergency Medical
Services Councils within the primary catchment area of the
trauma center to allow for comment on the request for renewal .
(b) The RFP shall be submitted at least 30 days prior to the
site visit in accordance with Rule .2104(b) of this subchapter.
(c) A site visit shall be conducted within 120 days prior to
the end of the designation period. The site visit shall be
scheduled on a date mutually agreeable to the hospital and the
Office of Emergency Medical Services.
(d) The composition of a Level I or II site survey team shall
be the same as that specified in Rule .2105(g) of this
subchapter. One physician, usually the one from out-of-state,
shall be designated the primary reviewer. Any in-state
reviewer (except the Office of Emergency Medical Services
representatives) shall be from outside the planning region in
which the hospital is located.
(e) The composition of a Level III site survey team shall be
the same as that specified in Rule .2105(h) of this subchapter.
All site team members for a Level III visit shall be from in-
state, and all (except for the Office of Emergency Medical
Services representatives) shall be from outside the planning
region in which the hospital is located. One of the physicians
shall be designated the primary reviewer.
(f) On the day of the site visit, the hospital shall make
available all required patient medical charts.
(g) The wntten reports of the site survey team and the staff
recommendation shall be reviewed by the State Emergency
Medical Services Advisory Council at its next regularly
scheduled meeting which is more than 45 days following the
site visit. Based upon the RFP, the site visit report, and the
staff recommendation, the State Emergency Medical Services
Advisory Council shall recommend to the Office of Emergency
Medical Services that the request for trauma center renewal be
approved or denied.
(h) The hospital shall be notified in writing of the State
Emergency Medical Services Advisory Council's and OEMS'
final recommendation within 30 days of the Advisory Council
meeting.
(i) The final decision regarding trauma center renewal shall
be rendered by the Office of Emergency Medical Services.
1539
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Conlingencies on the renewal, as well as required due dates and
documentation, shall be specified at the time written
notification is provided of the renewal. Satisfaction of
contingencies may require an additional site visit.
History Note: Authority G.S. 131E-162; 143-509(3);
Eff. Au g ust 1. 1998.
SECTION .2200 - ENFORCEMENT
.2201 DENIAL, PROBATION, VOLUNTARY
WITHDRAWAL OR REVOCATION
OF TRAUMA CENTER DESIGNATION
(a) The Office of Emergency Medical Services may deny the
designation of a trauma center for any of the following reasons:
(1) failure to substantially comply with the requirements
of section .2100 of this subchapter;
(2) attempting to obtain a trauma center designation
through fraud or misrepresentation; or
(3) a significant number or magnitude of deficiencies or
weaknesses to suggest that patient care may be
compromised.
(b) The Office of Emergency Medical Services may amend
any trauma center designation from a full designation to a
probationary designation whenever the Office of Emergency
Medical Services finds that:
(1) the trauma center has substantially failed to comply
with the provisions of NC General Statute 13 IE- 162
and the rules adopted under that article; or
(2) there is no reasonable probability the trauma center
can remedy the deficiencies or weaknesses within a
reasonable length of time; or
(3) the trauma center fails to meet contingencies placed
upon it at the time of its initial designation or
renewal; or
(4) there is no reasonable probability the trauma center
shall be able to remain in compliance with the
designation rules for the foreseeable future.
(c) The Office of Emergency Medical Services shall give the
trauma center written notice of the amendment to the
designation. This notice shall be given personally or by
certified mail and shall set forth:
(1) the length of the probationary designation (not to
exceed one year);
(2) the factual allegations;
(3) the statutes or rules alleged to be violated; and
(4) notice of the hospital's right to a contested case
hearing on the amendment of the designation.
(d) The probationary designation shall be effective
immediately upon its receipt by the trauma center and shall be
posted in a prominent location at the primary business location
of the trauma center, accessible to public view, in lieu of the
full designation. The probationary designation shall remain in
effect until:
(1) the Office of Emergency Medical Services restores
the trauma center to full designation status; or
(2) the Office of Emergency Medical Services revokes
the designation.
(e) The Office of Emergency Medical Services may revoke
a trauma center designation whenever the Office of Emergency
Medical Services finds that the trauma center has substantially
failed to comply with the provisions of NC General Statute
13 IE- 162 and the rules adopted under that article and:
( 1 ) it is not reasonably probable that the trauma center
can remedy the deficiencies within a reasonable
length of time; or
(2) although the trauma center may be able to remedy the
deficiencies within a reasonable period of time, it is
not reasonably probable that the trauma center shall
be able to remain in compliance with designation
rules for the foreseeable future; or
(3) the trauma center fails to meet contingencies placed
upon it at the time of its initial designation or
renewal ; or
(4) failure to comply endangers the health, safety or
welfare of the patients cared for in the trauma center.
(f) The Office of Emergency Medical Services may revoke
a trauma center designation whenever it finds that the trauma
center fails to resolve issues that resulted in a voluntary
withdrawal of the designation.
(g) The issuance of a probationary designation is not a
procedural prerequisite to the revocation of a designation
pursuant to Subparagraph (e) of this Rule.
(h) With the Office of Emergency Medical Services'
approval, a trauma center may voluntarily withdraw its
designation for a maximum of one year by submitting a written
request. This request shall include the reasons for withdrawal
and a plan for resolution of the issues. To reactivate the
designation, the facility shall provide written documentation of
compliance that is acceptable to the Office of Emergency
Medical Services. Voluntary withdrawal shall not affect the
original expiration date of the trauma center's designation.
(i) In the event of a revocation or voluntary withdrawal, the
Office of Emergency Medical Services shall provide written
notification to all hospitals and Emergency Medical Services
providers within the regional trauma network. The Office of
Emergency Medical Services shall provide written notification
to same if, and when, the voluntary withdrawal reverts to full
designation.
History Note: Authority G.S. 131E-162;
Eff. Aug ust 1. 1998.
SECTION .2300 - TRAUMA SYSTEM DESIGN
.2303 REGIONAL TRAUMA SYSTEM POLICY
DEVELOPMENT
The RAC shall oversee the development f"f the regional
trauma system to include:
( 1 ) public information and education programs to include
system access and injury prevention;
(2) written trauma system protocols to address the
following:
(A) dispatch
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1540
APPROVED RULES
(B) triage and treatment at the scene and in the
emergency department and shall include:
(i) Priority selection (for treatment and
transport decisions) based upon
anatomic, physiologic, and mechanism
of injury factors; and
(ii) Guidelines to facilitate the rapid
assessment and initial resuscitation of
the severely injured patient including
primary and secondary survey. Criteria
addressing management during
transport should include continued
assessment and management of airway,
cervical spine, breathing, circulation,
neurologic and secondary parameters,
communication and documentation.
(C) transport and treatment which shall address:
(i) guidelines to determine the appropriate
mode of transport and level of care
required to transport, considering
patient condition, requirement for
trauma center resources, family
requests and capability of transferring
entity,
(ii) criteria addressing management during
transport, to include continued
assessment and stabilization of airway,
cervical spine, breathing, circulation,
neurologic and secondary parameters,
medication protocols, communication
and documentation.
(D) bypass procedures which define:
(i) patient identification and selection
based on anatomic, physiologic and
mechanism of injury factors;
(ii) circumstances and criteria for bypass
decisions;
(iii) time and distance criteria; and
(iv) helicopter or ground unit use for
transports which bypass closer
facilities.
(E) diversion procedures which shall include
delineation of specific factors such as hospital
census and/or acuity, physician availability,
staffing issues, disaster status, or
transportation which would require routing of
a patient to another trauma center. A plan to
assist referring hospitals in locating care for
the diverted patient shall be outlined and a
system to track diversions shall be maintained.
(3) transfer agreements (to include those with other
hospitals, as well as specialty care facilities such as
bum, pediatrics, spinal cord and rehabilitation)
which shall outline mutual understandings between
facilities to transfer/accept certain patients. These
shall specify responsible parties, documentation
requirements and minimum care requirements.
History Note: Authority G.S. 131E-162;
Eff. Aug ust 1. 1998.
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3R - CERTIHCATE OF NEED
REGULATIONS
SECTION .3000 - PLANNING POLICIES AND NEED
DETERMINATIONS
.3055 REALLOCATIONS ANT) ADJUSTMENTS
(a) REALLOCATIONS.
(1) Reallocations shall be made only to the extent that
need determinations in 10 NCAC 3R .3057 through
.3079 indicate that need exists after the inventories
are revised and the need determinations are
recalculated.
(2) Beds or services which are reallocated once in
accordance with this Rule shall not be reallocated
again. Rather, the Medical Facilities Planning
Section shall make any necessary changes in the next
annual State Medical Facilities Plan.
(3) Dialysis stations that are withdrawn, relinquished,
not applied for or decertified shall not be reallocated.
Instead, any necessary redetermination of need shall
be made in the next scheduled publication of the
Semiannual Dialysis Report.
(4) Appeals of Certificate of Need Decisions on
Applications. Need determinations of beds or
services for which the CON Section decision has
been appealed shall not be reallocated until the appeal
is resolved.
(A) Appeals Resolved Prior to August 17: If an
appeal is resolved in the calendar year prior to
August 17, the beds or services shall not be
reallocated by the CON Section; rather the
Medical Facilities Planning Section shall make
the necessary changes in the next annual State
Medical Facilities Plan.
(B) Appeals Resolved on or After August 17: If
the appeal is resolved on or after August 1 7 in
the calendar year, the beds or services, except
for dialysis stations, shall be made available
for a review period to be determined by the
CON Section, but beginning no earlier than 60
days from the date that the appeal is resolved.
Notice shall be mailed by the Certificate of
Need Section to all persons on the mailing list
for the State Medical Facilities Plan, no less
than 45 days prior to the due date for receipt
of new applications.
(5) Withdrawals and Relinquishments. Except for
dialysis stations, a need determination for which a
certificate of need is issued, but is subsequently
withdrawn or relinquished, is available for a review
period to be determined by the Certificate of Need
1541
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Section, but beginning no earlier than 60 days from:
(A) the last date on which an appeal of the notice
of intent to withdraw the certificate could be
filed if no appeal is filed,
(B) the date on which an appeal of the withdrawal
is finally resolved against the holder, or
(C) the date that the Certificate of Need Section
receives from the holder of the certificate of
need notice that the certificate has been
voluntarily relinquished.
Notice of the scheduled review period for the
reallocated services or beds shall be mailed by the
Certificate of Need Section to all persons on the
mailing list for the State Medical Facilities Plan, no
less than 45 days prior to the due date for submittal
of the new applications.
(6) Need Determinations for which No Applications are
Received:
(A) Services or Beds with Scheduled Review in
the Calendar Year on or Before September 1 :
The Certificate of Need Section shall not
reallocate the services or beds in this category
for which no applications were received,
because the Medical Facilities Plaiming
Section will have sufficient time to make any
necessary changes in the determinations of
need for these services or beds in the next
armual State Medical Facilities Plan.
(B) Services or Beds with Scheduled Review in
the Calendar Year After September 1 : A need
determination in this category for which no
application has been received by the last due
date for submittal of applications shall be
available to be applied for in the second
Category I review period in the next calendar
year for the applicable HSA. Notice of the
scheduled review period for the reallocated
beds or services shall be mailed by the
Certificate of Need Section to all persons on
the mailing list for the State Medical Facilities
Plan, no less than 45 days prior to the due
date for submittal of new applications.
(7) Need Determinations not Awarded because
Application Disapproved.
(A) Disapproval in the Calendar Year prior to
August 17: Need determinations or portions
of such need determinations for which
applications were submitted but disapproved
by the Certificate of Need Section before
August 17, shall not be reallocated by the
Certificate of Need Section. Instead the
Medical Facilities Planning Section shall make
the necessary changes in the next annual State
Medical Facilities Plan, if no appeal is filed.
(B) Disapproval in the Calendar Year on or After
August 17: Need determinations or portions
of such need determinations for which
applications were submitted but disapproved
by the Certificate of Need Section on or after
August 17, shall be reallocated by the
Certificate of Need Section, except for dialysis
stations. A need in this category shall be
available for a review period to be determined
by the Certificate of Need Section but
beginning no earlier than 95 days from the
date the application was disapproved, if no
appeal is filed. Notice of the scheduled
review period for the reallocation shall be
mailed by the Certificate of Need Section to
all persons on the mailing list for the State
Medical Facilities Plan, no less than 80 days
prior to the due date for submittal of the new
applications.
(8) Reallocation of Decertified ICF/MR Beds. If an
ICF/MR facility's Medicaid certification is
relinquished or revoked, the ICF/MR beds in the
facility shall be reallocated by the Department of
Human Resources, Division of Facility Services,
Medical Facilities Planning Section pursuant to the
provisions of the following Sub-parts. The
reallocated beds shall only be used to convert five-
bed ICF/MR facilities into six-bed facilities.
(A) If the number of five-bed ICF/MR facilities in
the mental health planning region in which the
beds are located equals or exceeds the number
of reallocated beds, the beds shall be
reallocated solely within the planning region
after considering the recommendation of the
Regional Team of Developmental Disabilities
Services Directors.
(B) If the number of five-bed ICF/MR facilities in
the mental health planning region in which the
beds are located is less than the number of
reallocated beds, the Medical Facilities
Planning Section shall reallocate the excess
beds to other planning regions after
considering the recommendation of the
Developmental Disabilities Section in the
Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services.
The Medical Facilities Planning Section shall
then allocate the beds among the planning
areas within those planning regions after
considering the recommendation of the
appropriate Regional Teams of Developmental
Disabilities Services Directors.
(C) The Department of Human Resources,
Division of Facility Services, Certificate of
Need Section shall schedule reviews of
applications for these beds pursuant to
Subparagraph (a)(5) of this Rule.
(b) CHANGES IN NEED DETERMINATIONS.
(1) The need determinations in 10 NCAC 3R .3057
through .3079 shall be revised continuously
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1542
APPROVED RULES
to the Medical
However, need
throughout the calendar year to reflect all changes in
the inventories of:
(A) the health services listed at G.S. 131E-
I76(16)f;
(B) health service facilities;
(C) health service facility beds;
(D) dialysis stations;
(E) the equipment listed at G.S. 131E-I76(16)fl;
and
(F) mobile medical equipment;
as those changes are reported
Facilities Planning Section,
determinations in 10 NCAC 3R .3057 through .3079
shall not be reduced if the relevant inventory is
adjusted upward 30 days or less prior to the first day
of the applicable review period.
(2) Inventories shall be updated to reflect:
(A) decertification of home health agencies or
offices, intermediate care facilities for the
mentally retarded, and dialysis stations;
(B) delicensure of health service facilities and
health service facility beds;
(C) demolition, destruction, or decommissioning
of equipment as listed at G.S. 131E-176(16)fl
and s;
(D) elimination or reduction of a health service as
listed at G.S. 131E-176(16)f;
(E) psychiatric beds licensed pursuant to G.S.
131E-184(c);
(F) certificates of need awarded, relinquished, or
withdrawn, subsequent to the preparation of
the inventories in the State Medical Facilities
Plan; and
(G) corrections of errors in the inventory as
reported to the Medical Facilities Planning
Section.
(3) Any person who is interested in applying for a new
institutional health service for which a need
determination is made in 10 NCAC 3R .3056
through .3079 may obtain information about updated
inventories and need determinations from the
Medical Facilities Planning Section.
(4) Need determinations resulting from changes in
inventory shall be available for a review period to be
determined by the Certificate of Need Section, but
beginning no earlier than 60 days from the date of
the action identified in Paragraph (b) of this Rule.
Notice of the scheduled review period for the need
determination shall be mailed by the Certificate of
Need Section to all persons on the mailing list for the
State Medical Facilities Plan, no less than 45 days
prior to the due date for submittal of the new
applications.
History Note: Authority G.S. 131E-176(25); 131E-177(1);
131E-183(b);
Temporary Adoption Eff. January 2, 1997;
See History Note to 10 NCAC 3R .3060 and North Carolina
Register. 12:06 NCR 483 - 487:
Eff. August 1. 1998.
.3060 OPEN HEART SURGERY SERVICES NEED
DETERMINATIONS (REVIEW CATEGORY H)
It is determined that there is a need for additional open heart
surgery services from any hospital which acquired a heart-lung
bypass machine prior to March 18, 1993 and which,
nevertheless, is unable to use such machine in the provision of
open heart surgery services because the hospital does not have
a certificate of need authorizing it to provide open heart surgery
services. It is further determined that the citizens served by,
and residing in the general service areas of, such hospitals have
a need for such additional open heart surgery services. These
needs exist despite the capacity to provide open heart surgery
services of any other hospital or hospitals in the State. There
is no other need for additional open heart surgery services.
History Note: Authority G.S. 1 31 E-1 76(25); 131E-177(1);
1 31 E- 183(b):
Temporary Adoption Eff. January 2, 1997;
Temporary Amendment Eff. September 1, 1997;
Eff. August 1. 1998;
[But see the Order for Preliminary Injunction (captioned and quoted in part below) issued by Superior Court Judge Howard E.
Manning. Jr. on September 5, 1997 and the text of the temporary rule .3060 as published in the North Carolina Register, 12:06
NCR 483 - 485.] .3060 OPEN HEART SURGERY SERVICES NEED DETERMINATIONS (REVIEW CATEGORY H)
Because over 9 5% of all of the citizet i s ofNortli Carolina live within 45 miles of one or more open hear t surgeiy sen ' ices; because
the preponderance of clinical research on open hear t surgeiy setrices indicates that there is a positive relationship between the
number of pivcedures perfonned by a surgical operating team at i d the percent of good patient outcomes resulting from the surgeiy.
and because the benefits of greater geogmphic access do not ounveigli the adverse affects caused by the duplication of existing open
hear t surgeiy senices and the resulting dea - ease in the number of pivcedures the surgical operating team of this seirice would
peifonii. it is therefore determined that there is no need for additional open heai t surgeiy sen - ices.
U is determined that there is a need for additional open heart surgery services from any hospital which acquired a heart-lung
bypass machine prior to March 18. 1993 and which, nevertheless. i_s unable t_o use such machine in the provision of open heart
surgery senices because the hospital does not have a certificate of need authorizing it to provide open heart surgery senices. h
is further determined that the citizens sened by. and residing in the general senice areas of such hospitals have a need for such
additional open heart surgery senices. Tliese needs exist despite the capacity to provide open heart surgery senices of any other
hospital or hospitals [n rjie State. For the reasons set out in tjie 1997 State Medical Facilities Plan, there is iio other need for
1543
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
additional open heart siirgen services.
NORTH CAROLINA
WAKE COUNTY
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
97 CVS 9708
FRYE REGIONAL MEDICAL CENTER,
INC.,
Plaintiff,
JAMES B. HUNT, JR.,
H. DAVID BRUTON, JR., SECRETARY OF
THE NORTH CAROLINA DEPARTMENT
OF HUMANRESOURCES, and NORTH
CAROLINA DEPARTMENT OF HUMAN
RESOURCES,
Defendants,
and
CATAWBA MEMORIAL HOSPITAL,
Intervenor-Defendant.
[The ordered portion is quoted below]
WHEREFORE, it is hereby ORDERED. ADJUDGED AND DECREED that:
L The effectiveness of the Governor's amendments to the State Medical Facilities Plan be and the same hereby is
suspended and the Defendants Hunt, Bruton and the Department are hereby enjoined from applying, implementing, or taking any
action whatsoever based upon the amendments or giving them any effect whatsoever, pending resolution of this case;
2. The amendments to the SMFP respecting the CON review schedules made by the Department and Governor be
and the same hereby are suspended and the Defendants Hunt, Bruton and the Department are hereby enjoined from applying,
implementing, or taking any action whatsoever based upon the amendments or giving them any effect whatsoever, pending the
resolution of this case;
3. The pre-existing pro\isions of the 1997 SMFP setting forth the need determination regarding open heart surgery
services be and the same are hereby reinstated, pending the resolution of this case;
4. The special review criteria in effect prior to the July 23, 1997 amendments shall remain in effect as if the
memorandum and amendment from the Governor had not been issued, pending the resolution of this case;
5. As the Department was represented herein pursuant to G.S. 150B-21.1 (c), any temporary rule, implementing the
Governor's amendment, is hereby suspended and shall be given no effect and the pre-existing 1997 temporary rule shall remain
in effect as written prior to the Governor's amendment, pending the resolution of this case.
The sole basis of my determination is my conclusion that the Governor has no authority, as matter of law, to amend the SMFP.
I specifically do not reach the other factual and legal issues raised by the parties.
i It is further ORDERED that no security is required of Fry e during the pendency of this Order.
Further, pursuant to G.S. 1-277 and 7A-27 and Rule 54(b) of the Rules of Civil Procedure, because this action raises
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1544
APPROVED RULES
issues of first impression and the conclusion of law reached by the court herein in effect determines the action, I hereby certify this
Order for immediate appeal by the Defendants to the North Carolina Court of Appeals because there is no just reason for delay
and substantial rights of all parties are affected.
Finalh; the Governor 's Memorandum purports to provide Catawba with a window of opportunity to file a certificate of
need application for open heart surgery services in 1997. If this Order is overturned on appeal, and it is ultimately found that the
Governor properly amended the SMFP, the effect of this Order would be to deny Catawba the opportunity to have the Department
consider its certificate of need application because of the passage of time during the pendency of the appeal. In order to afford
Catawba that opportunity, it is further ORDERED, pursuant to Ride 62(c) of the North Carolina Rules of Civil Procedure, that
the effect of this preliminary injunction be suspended during the pendency of Defendants ' appeal of the Order. However, if this
Court's conclusion of law as to the Governor's lack of authority is upheld, any such application will cjntinue to be subject to the
provisions of the SMFP in effect prior to the Governor's amendment. In the event that Defendants do not elect to appeal this
preliminary injunction, this suspension shall be lifted, and the preliminary injunction shall remain in effect during the pendency
of this action. The parties do not object to this Order being entered out of term, out of county or out of district.
SO ORDERED this 5" day of September, 1997.
s/Howard E. Manning, Jr.
Superior Court Judge Presiding
at Raleigh, Wake County
3:15 p.m. 9/5/97
.3079 INTERMEDIATE CARE BEDS FOR THE MENTALLY RETARDED NEED DETERMINATION
(REVIEW CATEGORY C)
Intermediate Care Beds for the Mentally Retarded. It is determined that the mental health planning areas listed in the following
table need additional Intermediate Care Beds for the Mentally Retarded ("ICF/MR beds"). The table identifies the number of new
child and adult ICF/MR beds needed by each of the listed planning areas. These new ICF/MR beds shall only be used to convert
existing five-bed ICF/MR beds into six-bed facilities. The addition of the sixth bed must result in the reduction of "per client
costs." There is no need for new ICF/MR facilities or for any additional ICF/MR beds in any other mental health planning areas,
except as provided in Rule 10 NCAC 3R .3055(a)(8).
Mental Health Planning Area (Constituent Counties)
Need
Determination
Child
Adult
3 (Alleghany, Ashe, Avery, Watauga. Wilkes)
4
14 (Forsyth, Stokes)
2
16 (Guilford)
2
21 (Davidson)
1
18 (Orange, Person, Chatham)
3
30 (Onslow)
1
24 (Cumberland)
1
37 (Pitt)
1
History Note: Authority G.S. 131E-176(25); 131E-177(1); 1 31 E-1 83(b);
Temporary- Adoption Eff. January 2, 1997;
Eff. August 1. 1998.
TITLE 13 - DEPARTMENT OF LABOR
1545
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
ClIAmKR 7 - OFKICK OK OCX UI'A I lONAI. SAI i: I Y AND IIKAI/I II
SUBCHAIMIR 7A - (JKNKRAL RULKS AND OI'KRATIONAL I'ROCI.DURKS
SKCnON .0300 - PROCKDURKS
.0302 COPIKS AVAILABLK
Copies of the applicable Code of Federal Regulations (CFR) Paris or sections and industry standards referred to in liiis (liapter
arc available for public inspection by contacting the North Carohna Deparlmeni of Labor (NCDOL), Division of (Jccu|)ational
Safety and Health or the NCDOL Library. The following table provides acquisition locations and the costs of the applicable
materials on the date that this Rule was adopted:
RcfcrcngctI Matcriiils
Available fyr I'urchiJsv From
Cost
29 CFR 1903; 29 CFR 1904;
Division of Occupational Safety and Health
.$ 1 /page retiucsled
29 CFR 1905; 29 CFR 1908;
29 CFR 1913.10
29 CFR 1910
Division of Occupational Safety and Health
.$15.90 each
29 CFR 1915, 29 CFR 1917
Division of Occupational Safety and Health
Single Copy: Free
29 CFR 1926
Division of Occupational Safety and Health
$12.72 each
29 CFR 1928
Division of Occupational Safety and fleallh
Single Copy: f-ree
The above CFR Parts and other
U.S. Government Printing Office
$34.0()/Part
CFR Parts
Washington, DC. 20402
(202) 512 1800
ANSI/NFPA 101-1991
National Fire Protection Association
1 Batterymarch Park
Quincy, Massachusetts 02269
(617) 770-3000
$44.50 each
ANSI standards
American National Standards Institute
B3().9: $100
1 1 West 42nd Street
Z9.2: $ 55
New York, New York 10036
Z4I.I: $ 40
(212)642-4900
Z87.I: $ 35
Z88.2: $ 50
Z89.2: $ 35
Z229.I: $ 45
Federal Specification QQ-P-416
Federal Supply Services
Specification Section
470 East L' Enfant Pla/.a
SW Suite 8 KX)
Washington, DC. 20407
(202)619-8925
$7.00 each
Schedule 30 Bureau of Mines
24 FR 245 pages 10201 10204, December 17, 1959
or Division of Occupational Safety and Health
$ 1 /page requested
History Note: Authority 95 1 33. I50B 21.6;
Eff. August 2. 1993;
Amended Eff. My L I99H. June I. 1994.
.SKCTION .0700 - RULKS OF PRAC IICK FOR VARIANCFS: IIMII A I IONS:
12:16
NORTH CAROLINA REdlSTER
Eebruary 16, I'J'JH
1546
APPROVED RULES
VARIATIONS: TOLERANCES AND EXEMPTIONS
.0708 VARIANCES AND OTHER RELIEF UNDER SECTION 95-132(b)
Application for a Permanent Variance. Any employer, or class of employers, desiring a permanent variance authorized by G.S.
95- 132(b) of the Act may file a written application with the Commissioner of the Department of Labor containing the information
specified in 29 CFR 1905.11(b), which is incorporated by reference and shall automatically include any subsequent amendments
thereto.
History Note: Authority G.S. 95-132; 95-136;
Eff. February 1, 1976;
Amended Eff. June 8, 1977; September 20, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. Mx L 1998; May 1, 1994.
SUBCHAPTER 7F - STANDARDS
SECTION .0100 - GENERAL INDUSTRY STANDARDS
.0101 GENERAL INDUSTRY
The provisions for the Occupational Safety and Health Standards for General Industry, Title 29 of the Code of Federal
Regulations Part 1910 promulgated as of October 4, 1997, and exclusive of subsequent amendments, are incorporated by reference
except as follows:
(1) Subpart H - Hazardous Materials, 29 CFR 1910.120, Hazardous waste operations and emergency response,
§1910. 120(q)(6) is amended by adding a new level of training:
"(vi) First responder operations plus level. First responders at operations plus level are individuals who respond to
hydrocarbon fuel tank leaks where the leaking tanks contain a hydrocarbon fuel which is used to propel the vehicle on
which the tank is located. Only those vehicles designed for highway use or those used for industrial, agricultural or
construction purposes are covered. First responders at the operations plus level shall have received at least training equal
to first responder operations level and, in addition, shall receive training or have had sufficient experience to objectively
demonstrate competency in the following areas and the employer shall so certify':
(A) Know how to select and use proper specialized personal protective equipment provided to the first responder at
operations plus level:
(B) Understand basic hazardous materials terms as they pertain to hydrocarbon fuels:
(C) Understand hazard and risk assessment techniques that pertain to gasoline, diesel fuel, propane and other
hydrocarbon fuels;
(D) Be able to perform control, containment, or confinement operations for gasoline, diesel fuel, propane and other
hydrocarbon fuels within the capabilities of the available resources and personal protective equipment; and
(E) Understand and know how to implement decontamination procedures for hydrocarbon fuels."
(2) Subpart I -- Personal Protective Equipment -- 29 CFR 1910.132, General requirements, is amended at 29 CFR
1910.132(b) to read:
"(b) Equipment. (1) Employer-provided equipment. It is the responsibility of the employer to provide, at no cost to
the employee, all personal protective equipment which the employee does not wear off the jobsite for use off the job.
(2) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be
responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment."
(3) Subpart R - Special Industries — incorporation by reference of final rule for 29 CFR 1910.269, Electric Power
Generation, Transmission, and Distribution, including Appendices A through E, published in 59 FR (January 31, 1994)
pages 4437 - 4475. all typographical and grammatical corrections to 1910.269 as published in 59 FR (June 30, 1994)
pages 33660 - 33664, and the amendment to I910.269(g)(2)(i) as published in 59 FR (August 9, 1994) page 40729,
except that 29 CFR 1910.269(g)(2)(v) is amended to read:
"(v) Fall arrest equipment, work positioning equipment, or travel restricting equipment shall be used by employees
working at elevated locations more than 4 feet (1.2 m) above the ground on poles, towers or similar structures if
other fall protection has not been provided. A fall protection system as defined in 29 CFR 1926, Subpart M - Fall
Protection, is required to be used by all employees when ascending, descending or changing locations on poles,
towers or similar structures. However, the use of non-locking snap hooks with any fall protection system is
prohibited as of July 1, 1995. (Qualified employees may free climb wood poles if the employer can ensure (1) that
the employee is able to comfortably and safely grip the pole with both hands while climbing, (2) that the pole is
free from attachments or any configurations of attachments that will materially impair the ability of a qualified
1547 NORTH CAROLINA REGISTER February 16, 1998 12:16
APPROVED RULES
(4)
employee to sat'eh' tree climb the pole, (3) that the pole is otherwise tree from iinpedimeiiis, contanimaiiis or
conditions otany t>pe. including hut not limited to ice, high winds or chemical treatments which materially impair
the ability of a qualified employee to safely free climb the pole, .uid (4) that the emplo\ee is able to climb such
structures without material physical impairments including over-exertion, lack of sleep or other physical stresses."
29 CFR 1910.269 as amended above is effective January 1 . 1 W5. except that employers have until July i . I99.S,
to implement the use of locking snap hooks, and employers have until Jiuiuarv 1 . 199(i. to design and iniplemeni
a svstem of fall protection for use by employees while ascending, descending or changing locations on towers.
Also. 29 CFR 1910.269(aH2) rra;m/;^? is effective January 3 1 , 1993, and 29 CFR 1910.269(v)(l l)(.xii) is effective
February 1, 1996.
Subpart Z -- Toxic and Hazardous Substances:
(a) 29 CFR 1910. 1000 Air Contaminants:
(1)
(11)
(iii)
(IV)
The equation in 29 CFR 1910, 1000(d)(l)(i) is clarified to read as follows:
E = (C T^ + CJ, +
C„T„)/8
The equation in 29 CFR 1910. 1000(d)(2)(i) is clarified to read as follows:
E„, = (C,/L,) + (C_,/L,) + . . .(C„/L„)
The permissible exposure limits as originally published in 54 FR (January 19. 1989) pages 2331-2983 are
incorporated except as otherwise specified or noted in this Rule.
Employee exposure to the toxic and hazardous substances listed in the following tables shall be limited to
the specified values.
PERMISSIBLE EXPOSLTtE LIMITS FOR AIR CONTAMINANTS
Footnote (I) Regarding Styrene Only: OSHNC recognizes that the permissible exposure limits for styrene may not be achievable
solely through engineering and work practice controls for boat-building and operations comparable to boat building. Comparable
operations are those that (1) employ the manual layup and sprayup process, (2) the manufactured items that utilize the same
equipment and technology as that found in boat building, and (3) the same considerations of large part size, configuration
interfering with air-flow control techniques, and resin usage apply. Examples of operations comparable to boat building would
include the manufacture of large above-ground or below-ground storage tanks, large parts for recreational vehicles, and large duct
work. Because it is impossible to define in advance every manual layup and sprayup process for which compliance may not be
feasible solely through engineering and work practice controls, some guidelines concerning part size and configuration issues are
necessary. The primary question for manual layup and sprayup operations is whether the part's size and configuration interfere
with normal air-flow techniques. For operations making pans (such as tubs and vanities) that do not meet the guidelines described,
beginning April 1, 1996, the hierarchy of controls specified in 29 CFR 1910.1000(e) shall apply to reduce styrene exposures to
the new 50 ppm TWA and 100 ppm STEL. In consequence, the burden of proof shall be on the employer to show that engineering
and work practice controls are not feasible for specific operations. However, with respect to boat-building operations the burden
of proof shall be on OSHNC to prove that the level could be attained solely through engineering and work practice controls.
Footnote (2) Regarding Acrylamide, Carbon Dioxide and Silica only: The federal standards at 29 CFR 1910. 1000 are adopted.
Footnote (3) Regarding Subtilisins only: PELs for this substance are not adopted.
TABLE Z-1 -- PERMISSIBLE EXPOSURE LIMITS (PELs) FOR AIR CONTAMINANTS
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m^ ppm mg/m^ ppm mg/m^ nation
Acetaldehyde
Acetic acid
Acetic anhydride
Acetone
Acetonitrile
2-Acetylaminofluorene
Acetylene dichloride;
see 1,2-Dichloroeihylene
Acetylene tetrabromide
75-07-0
100
180
150
270
64-19-7
see
1910.
1000, Table Z-1
108-24-7
-
-
-
5
67-64-1
750
1800
1000
2400
75-05-8
40
70
60
105
53-96-3
see
1910.1014
20
79-27-6
see 1910.1000, Table Z-1
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1548
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m^ ppm mg/m^ ppm mg/m^ nation
Acetylsalicylic acid (Aspirin)
Acrolein
Acrylamide
Acrylic acid
Acrylonitrile
Aldrin
Allyl alcohol
Allyl chloride
Allyl glycidyl ether (AGE)
Allyl propyl disulfide
alpha-Alumina
Total dust
Respirable fraction
Aluminum metal (as Al)
Metal
Total dust
Respirable fraction
Aluminum metal (as Al)
Pyro powders
Welding fumes
Soluble salts
Alkyls
4-Aminodiphenyl
2-Aminoethanol;
see Ethanolamine
2-Aminopyridine
Amitrole
Ammonia
Ammonium chloride. Fume
Ammonium sulfamate
Total dust
Respirable fraction
n-Amyl acetate
sec-Amy\ acetate
Aniline and homologs
Anisidine (o-, p-isomers)
Antimony and compounds (as
Sb)
ANTU (a/p/ia-Naphthyl-
thiourea)
50-78-2
107-02-8
79-06-1
79-10-7
107-13-1
309-00-2
107-18-6
107-05-1
106-92-3
2179-59-1
1344-28-1
7429-90-5
7429-90-5
92-67-1
504-29-0
61-82-5
7664-41-7
12125-02-9
7773-06-0
628-63-7
626-38-0
62-53-3
29191-52-4
7440-36-0
86-88-4
5
0.1 0.25 0.3 0.8
see 1910.1000, Table Z-1
10 30
see 1910.1045
see 1910.1000, Table Z-1
2 5 4 10 -
1 3 2 6-
5 22 10 44
2 12 3 18
10
5
see 1910.1000,
Table Z-1
see 1910.1000,
5
5
2
2
see 1910.
Table Z-1
1011
see 1910.1000, Table Z-1
0.2
10
10
5
35
27
20
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
8
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
(
(
1549
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Substance
CAS#
Arsenic, inorganic cmpds
(as As)
Varies with
compound
Arsenic, organic cmpds (as As)
7440-38-2
Arsine
7784-42-1
Asbestos
Atrazine
1912-24-9
Azinphos-methyl
86-50-0
Barium,
soluble compounds (as Ba);
7440-39-3
Barium sulfate
7727-43-7
Total dust
Respirable fraction
Benomyl
17804-35-2
Total dust
Respirable fraction
Benzene
71-43-2
Benzidine
92-87-5
p-Benzoquinone; see Quinone
Benzo(a)pyrene;
see Coal tar pitch volatiles
Benzoyl peroxide
94-36-0
Benzyl chloride
100-44-7
Beryllium and beryllium
compounds (as Be);
7440-41-7
Biphenyl; see Diphenyl
Bismuth telluride
1304-82-1
Se-doped
Bismuth telluride
1304-82-1
Undoped
Total dust
Respirable fraction
Borates, tetra, sodium salts
Anhydrous
1330-43-4
Decahydrate
1303-96-4
Pentahydrate
12179-04-3
Boron oxide
1303-86-2
Total dust
Respirable fraction
Boron tribromide
10294-33-4
TWA STEL Ceiling Skin
desig-
ppm mg/m^ ppm mg/m^ ppm mg/m^ nation
see 1910.1018
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1001
5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
10 - - - - -
5 .. .. .. .. „
10 - - - - -
5 „ - „ .- -.
See 1910.1028
See 1910.1000 Table Z-2 for limits applicable in the
operations or sectors excluded in 1910.1028
see 1910.1010
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.002 - 0.005 - 0.025
(30 min)
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
10
__
10
-
10
-
10
—
5
-_
10
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1550
APPROVED RULES
TWA
STEL
Substance
CAS#
Ceiling
Skin
desig-
ppm mg/m' ppm mg/m^ ppm mg/m^ nation
Boron trifluoride
Bromacil
Bromine
Bromine pentafluoride
Bromoform
Butadiene (1,3 -Butadiene)
Butane
Butanethiol;
see Butyl mercaptan
2-Butanone
(Methyl ethyl ketone)
2-Butoxyethanol
«-Butyl acetate
5ec-Butyl acetate
/err-Butyl acetate
Butyl acrylate
«-Butyl alcohol
5ec-Butyl alcohol
/err-Butyl alcohol
Butylamine
re/t-Butyl chromate (as CrOj)
«-Butyl glycidyl ether (BGE)
«-Butyl lactate
Butyl mercaptan (Butanethiol)
o-sec-Butylphenol
;7-/err-Butyltoluene
Cadmium, fume and dust (as
Cd)
Calcium carbonate
Total dust
Respirable fraction
Calcium cyanamide
Calcium hydroxide
Calcium oxide
Calcium silicate
Total dust
Respirable fraction
Calcium sulfate
Total dust
Respirable fraction
7637-07-2
see 1910.1000, Table Z-1
314-40-9
1
10
7726-95-6
0.1
0.7 0.3 2
7789-30-2
0.1
0.7
75-25-2
see 1910.1000, Table Z-1
106-99-0
see 1910.1051; 1910.19(1)
106-97-8
800
1900
78-93-3
156-62-7
1305-62-0
1305-78-8
1344-95-2
7778-18-9
200
590
300
885
111-76-2
25
120
-
123-86-4
150
710
200 950
105-46-4
see
1910.1000, Table Z-1
540-88-5
see
1910.1000, Table Z-1
141-32-2
10
55
-
71-36-3
-
-
50
78-92-2
100
305
-
75-65-0
100
300
150 450
109-73-9
see
1910.1000, Table Z-1
1189-85-1
see
1910.1000, Table Z-1
2426-08-6
25
135
-
138-22-7
5
25
-
109-79-5
0.5
1.5
-
89-72-5
5
30
-
98-51-1
10
60
20 120
7440-43-9
see 1910.1027
1317-65-3
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.5
5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
{
150
7557
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
TWA
STEL
Substance
CAS#
Ceiling
Skin
desig-
ppm mg/m^ ppm mg/m^ ppm mg/m' nation
Camphor, synthetic
Caprolactam
Dust
Vapor
Captafol (Difolatan®)
Captan
Carbaryl (Sevin®)
Carbofuran (Furadan®)
Carbon black
Carbon dioxide
Carbon disulfide
Carbon monoxide
Carbon tetrabromide
Carbon tetrachloride
Carbonyl fluoride
Catechol (Pyrocatechol)
Cellulose
Total dust
Respirable fraction
Cesium hydroxide
Chlordane
Chlorinated camphene
Chlorinated diphenyl oxide
Chlorine
Chlorine dioxide
Chlorine trifluoride
Chloroacetaldehyde
a-Chloroacetophenone
(Phenacyl chloride)
Chloroacetyl chloride
Chlorobenzene
o-Chlorobenzylidene
malononitrile
Chlorobromomethane
2-Chloro- 1 , 3-butadiene ;
see i>e/a-Chloroprene
Chlorodifluoromethane
Chlorodiphenyl (42% Chlorine)
(PCB)
Chlorodiphenyl (54% Chlorine)
(PCB)
76-22-2
105-60-2
21351-79-1
57-74-9
8001-35-2
55720-99-5
7782-50-5
10049-04-4
7790-91-2
107-20-0
532-27-4
79-04-9
108-90-7
2698-41-1
74-97-5
75-45-6
53469-21-9
11097-69-1
0.5
0.1
0.05
see 1910.1000, Table Z-1
1
20
10
3
40
2425-06-1
-
0.1
~
-
133-06-2
-
5
-
-
63-25-2
see
1910.1000,
Table Z-1
1563-66-2
-
0.1
-
-
1333-86-4
see
1910.1000.
Table Z-1
124-38-9
see
1910.1000,
Table Z-1
75-15-0
4
12
12
36
630-08-0
35
40
-
- 200
558-13-4
0.1
1.4
0.3
4
56-23-5
T
^
12.6
-
-
353-50-4
5
5
15
120-80-9
5
20
-
-
9004-34-6
see
1910.1000,
Table Z-1
see
1910.1000,
Table Z-1
see 1910.1000, Table Z-1
0.5 - 1
see 1910.1000, Table Z-1
1.5 1 3 -
0.3 0.3 0.9
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.2
see 1910.1000, Table Z-1
- 0.05
see 1910.1000, Table Z-1
1000 3500
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
229
0.4
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1552
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # ^ desig-
ppm mg/m' ppm mg/m' ppm mg/m^ nation
l-Chloro-2,3-epoxypropane;
see Epichlorohydrin
2-Chloroethanol;
see Ethylene chlorohydrin
Chloroethylene;
see Vinyl chloride
Chloroform (Trichloromethane)
bis(Chloromethyl) ether
Chloromethyl methyl ether
1 -Chloro- 1 -nitropropane
Chloropentafluoroethane
Chloropicrin
ftera-Chloroprene
o-Chlorostyrene
o-Chlorotoluene
2-Chloro-6-trichloromethyl
pyridine
Total dust
Respirable fraction
Chlorpyrifos
Chromic acid and chromates
(as CrOj)
Chromium (II) compounds
(as Cr)
Chromium (III) compounds
(asCr)
Chromium metal and
insoluble salts (as Cr)
Chrysene;
see Coal tar pitch volatiles
Clopidol
Total dust
Respirable fraction
Coal dust (less than 5% SiO,),
Respirable quartz fraction
Coal dust (greater than or equal
to 5% SiO,),
Respirable quartz fraction
Coal tar Pitch volatiles
(benzene soluble fraction),
anthracene, BaP,
phenanthrene, acridine,
chrysene, pyrene
67-66-3
2
9.78
-
542-88-1
see 1910.1008
107-30-2
see 1910.1006
600-25-9
2
10
-
76-15-3
1000
6320
-
76-06-2
see
1910.1000, Table Z-1
126-99-8
10
35
-
2039-87-4
50
285
75 430
95-49-8
50
250
-
1929-82-4
see
1910.1000, Table Z-1
see
1910.1000, Table Z-1
2921-88-2
Varies with
compound
Varies with
compound
Varies with
compound
7440-47-3
218-01-9
2971-90-6
8007-45-2
0.2
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-3
see 1910.1000, Table Z-3
see 1910.1000, Table Z-1
0.1
i
1553
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m' ppm mg/m^ ppm mg/m' nation
Cobalt metal, dust, and fume
(as Co)
Cobalt carbonyl (as Co)
Cobalt hydrocarbonyl (as Co)
Coke oven emissions
Copper
Fume (as Cu)
Dusts and mists (as Cu)
Cotton dust (raw)
Crag herbicide (Sesone),
Total dust
Respirable fraction
Cresol, all isomers
Crotonaldehyde
Crufomate
Cumene
Cyan amide
Cyanides (as CN)
Cyanogen
Cyanogen chloride
Cyclohexane
Cyclohexanol
Cyclohexanone
Cyclohexene
Cyclohexylamine
Cyclonite (RDX)
Cyclopentadiene
Cyclopentane
Cyhexatin
2,4-D (Dichlorophenoxy acetic
acid)
Decaborane
Demeton (Systox®)
DDT; see Dichlorodiphenyl-
trichloroethane
7440-48-4
10210-68-1
16842-03-8
7440-50-8
136-78-7
1319-77-3
95-48-7
108-39-4
106-44-5
123-73-9
4170-30-3
299-86-5
98-82-8
420-04-2
Varies with
compound
460-19-5
506-77-4
110-82-7
108-93-0
108-94-1
110-83-8
108-91-8
121-82-4
542-92-7
287-92-3
13121-70-5
94-75-7
17702-41-9
8065-48-3
10
50
25
10
600
0.05
0.05
0.1
0.1
see 1910.1029
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1043; 1910.1000, Table Z-1
10
5
see 1910.1000,
—
Table Z-1
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
see 1910.1000, Table Z-1
2
5
20
0.3
see 1910.1000, Table Z-1
200
100
see 1910.1000, Table Z-1
40
1.5
see 1910.1000, Table Z-1
1720
5
see 1910.1000, Table Z-1
0.3 0.15 0.9
see 1910.1000, Table Z-1
X
0.6
X
X
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1554
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS# ^ ^ ^ desig-
ppm mg/m' ppm mg/m' ppm mg/m' nation
DDVP; see Dichlonos
Diacetone alcohol 123-42-2
(4-Hydroxy-4-methyl-2-
pentanonej
1,2-Diaininoethane; see
Ethylenediamine
Diazinon 333-41-5
Diazomethane 334-88-3
Diborane 19287-45-7
l,2-Dibromo-3-chloropropane 96-12-8
(DBCP)
1 .2-Dibromoethane;
see Ethylene dibromide
see 1910.1000, Table Z-1
0.1
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
see 1910.1044
2-iV-Dibutylaminoethanol
102-81-8
->
14
Dibutyl phosphate
107-66-4
1
5 2 10 -
Dibutyl phthalate
84-74-2
see 1910.1000, Table Z-1
Dichloroacetylene
7572-29-4
-
0.1
o-Dichlorobenzene
95-50-1
see 1910.1000. Table Z-1
;?-Dichlorobenzene
106-46-7
75
450 110 675
3,3' -Dichlorobenzidme
91-94-1
see 1910.1007
Dichlorodifluoromethane
75-71-8
see 1910.1000. Table Z-1
l,3-Dichloro-5,5-dimethyl
118-52-5
hydantoin
-
0.2 - 0.4
Dichlorodiphenyltrichloroethane
50-29-3
see 1910.1000, Table Z-1
(DDT)
l.l-Dichloroethane
75-34-3
see 1910.1000, Table Z-1
1,2-Dichloroethane;
see Ethylene dichloride
1 ,2-Dichloroethylene
Dichloroethyl ether
Dichloromethane;
see Methylene chloride
Dichloromonofluoromethane
1 , 1 -Dichloro- 1 -nitroethane
1 ,2-Dichloropropane:
see Propylene dichloride
1 ,3-Dichloropropene
2,2-Dichloropropionic acid
Dichlorotetrafluoroethane
Dichlor\os (DD\T)
Dicrotophos
Dicyclopentadiene
540-59-0
111-44-4
75-43-4
594-72-9
see 1910.1000, Table Z-1
30 10 60
40
10
542-75-6
1
5
75-99-0
1
6
76-14-2
see 1910.1000, Table Z-1
62-73-7
see 1910.1000, Table Z-1
141-66-2
-
25
77-73-6
5
30
X
0.4
i
1555
SORTH CAROLISA REGISTER
Eebruan 16, 1998
12:16
APPROVED RULES
Substance
CAS#
TWA STEL Ceiling
ppm mg/m' ppm mglm' ppm mg/m^
Skin
desig-
nation
Dicyclopentadienyl iron
102-54-5
Total dust
~
10
-
Respirable fraction
~
5
-
Dieldrin
60-57-1
see 1910.1000, Table Z-1
Diethanolamine
111-42-2
3
15
-
Diethylamine
109-89-7
10
30 25 75
-
2-Diethylaminoethanol
100-37-8
see 1910.1000, Table Z-1
Diethylene triamine
111-40-0
1
4
-
Diethyl ether; see Ethyl ether
Diethyl ketone
96-22-0
200
705
-
Diethyl phthalate
84-66-2
-
5
-
Difluorodibromomethane
75-61-6
see 1910.1000, Table Z-1
Diglycidyl ether (DGE)
2238-07-5
0.1
0.5
-
Dihydroxybenzene;
see Hydroquinone
Diisobutyl ketone
108-83-8
25
150
-
Diisopropylamine
108-18-9
see 1910.1000, Table Z-1
4-Dimethylaminoazobenzene
60-11-7
see 1910.1015
Dimethoxymethane;
see Methylal
Dimethylacetamide
127-19-5
see 1910.1000, Table Z-1
Dimethylamine
124-40-3
see 1910.1000, Table Z-1
Dimethylaminobenzene ;
see Xylidine
Dimethylaniline
(A'.N-Dimethylaniline)
121-69-7
5
25 10 50
X
Dimethylbenzene;
see Xylene
Dimethyl- l,2-dibromo-2, 2-
dichloroethyl phosphate
300-76-5
—
3
X
Dimethylformamide
68-12-2
see 1910.1000, Table Z-1
2,6-Dimethyl-4-heptanone;
see Diisobutyl ketone
1 , 1 -Dimethylhydrazine
57-14-7
see 1910.1000, Table Z-1
Dimethylphthalate
131-11-3
see 1910.1000, Table Z-1
Dimethyl sulfate
77-78-1
0.1
0.5
X
Dinitolmide
148-01-6
—
5
—
(3,5-Dinitro-o-toluamide)
Dinitrobenzene
(all isomers);
ortho
528-29-0
see 1910.1000, Table Z-1
meta
99-65-0
see 1910.1000, Table Z-1
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1556
APPROVED RULES
TWA
STEL
Substance
CAS#
Ceiling
Skin
desig-
ppm mg/m^ ppm mg/m' ppm mg/m' nation
para 100-25-4
Dinitro-o-cresol 534-52-1
Dinitrotoluene 121-14-2
Dioxane (Diethylene dioxide) 123-91-1
Dioxathion (Delnav®) 78-34-2
Diphenyl (Biphenyl) 92-52-4
Diphenylamine 122-39-4
Diphenylmethane diisocyanate;
see Methylene bisphenyl
isocyanate
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
25
90
0.2
see 1910.1000, Table Z-1
10
Dipropyl ketone
123-19-3
50
235
-
Dipropylene glycol methyl ether
34590-94-8
100
600
150 900
Diquat
85-00-7
-
0.5
-
Di-sec-octyl phthalate
117-81-7
—
5
10
(Di-(2-ethylhexyl) phthalate)
Disulfiram (Antabuse")
97-77-8
-
2
-
Disulfoton
298-04-4
-
0.1
-
2,6-Di-/err-buty!-p-cresol
128-37-0
-
10
-
Diuron
330-54-1
-
10
-
Divinyl benzene
108-57-6
10
50
-
Emer>'
12415-34-8
Total dust
-
10
-
Respirable fraction
5
-
Endosulfan
115-29-7
see
1910.1000, Table Z-1
Endrin
72-20-8
see
1910.1000, Table Z-1
Epichlorohydrin
106-89-8
2
8
-
EPN
2104-64-5
see
1910.1000, Table Z-1
1.2-Epoxypropane:
see Propylene oxide
2,3-Epoxy-l-propanol;
see Glycidol
Ethanethiol;
see Ethyl mercaptan
Ethanolamine
141-43-5
3
8
6 15
Ethion
563-12-2
-
0.4
-
2-Ethoxyethanol (Cellosolve)
110-80-5
see
1910.1000. Table Z-1
2-Ethoxyethyl acetate
111-15-9
see
1910.1000, Table Z-1
(Cellosolve acetate)
Ethyl acetate
141-78-6
see
1910.1000, Table Z-1
Ethyl acrylate
140-88-5
5
20
25 100
Ethyl alcohol (Ethanol)
64-17-5
see
1910.1000, Table Z-1
X
X
X
1557
NORTH CAROLINA REGISTER
February 16, 1998
12:16\
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS « desig-
ppm mg/m' ppm mg/m^ ppm mg/m^ nation
Ethylamine
Ethyl amyl ketone
(5-Methyl-3-heptanone)
Ethyl benzene
Ethyl bromide
Ethyl butyl ketone
(3-Heptanone)
Ethyl chloride
Ethyl ether
Ethyl formate
Ethyl mercaptan (Ethanethiol)
Ethyl silicate
Ethylene chlorohydrin
Ethylenediamine
Ethylene dibromide
Ethylene dichloride
(1,2-Dichloroethane)
Ethylene glycol
Ethylene glycol dinitrate
Ethylene glycol methyl acetate;
see Methyl cellosolve acetate
Ethyleneimine
Ethylene oxide
Ethylidene chloride;
see 1,1-Dichloroethane
75-04-7
see 1910.1000, Table Z-1
106-68-3
see 1910.1000, Table Z-1
100-41-4
100
435 125 545
74-96-4
200
890 250 1110
106-35-4
see 1910.1000, Table Z-1
75-00-3
see 1910.1000, Table Z-1
60-29-7
400
1200 500 1500
109-94-4
see 1910.1000, Table Z-1
75-08-1
0.5
1
78-10-4
10
85
107-07-3
-
1
107-15-3
see 1910.1000, Table Z-1
106-93-4
see 1910.1000, Table Z-2
107-06-2
1
4 2 8-
107-21-1
—
50
628-96-6
0.1
151-56-4
75-21-8
see 1910.1012
see 1910.1047
125
Ethylidene norbomene
16219-75-3
-
5
25
N-Ethylmorpholine
100-74-3
5
23
-
Fenamiphos
22224-92-6
-
0.1
-
Fensuifothion
115-90-2
—
0.1
—
(Dasanit®)
Fenthion
55-38-9
-
0.2
-
Ferbam
14484-64-1
Total dust
-
10
-
Respirable fraction
-
5
-
Ferrovanadium dust
12604-58-9
-
1 - 3 -
-
Fluorides (as F)
Varies with
compound
see 1910.1000, Table Z-2
Fluorine
7782-41-4
see 1910.1000, Table Z-1
Fluorotrichloromethane
75-69-4
—
- 1000
5600
(Trichlorofluoromethane)
Fonofos
944-22-9
_-
0.1
—
X
X
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1558
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m' ppm mg/m^ ppm mg/m' nation
Formaldehyde
Form amide
Formic acid
Furfural
Furfuryl alcohol
Gasoline
Germanium tetrahydride
Glutaraldehyde
Glycerin (misl)
Total dust
Respirable fraction
Glycidol
Glycol monoethyl ether;
see 2-Ethoxyethanol
Grain dust (oat, wheat, barley)
Graphite, natural respirable dust
Graphite, synthetic
Total dust
Respirable fraction
Guthion®;
see Azinphos methyl
Gypsum
Total dust
Respirable fraction
Hafnium
Heptachlor
Heptane («-Heptane)
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexachloronaphthalene
Hexafluoroacetone
M-Hexane
Hexane isomers
2-Hexanone
(Methyl «-butyl ketone)
Hexone
(Methyl isobutyl ketone)
5ec-Hexyl acetate
Hexylene glycol
50-00-0
see 1910.1048
75-12-7
20
30
30 45
64-18-6
see
1910.1000, Table Z-1
98-01-1
2
8
-
98-00-0
10
40
15 60
8006-61-9
300
900
500 1500
7782-65-2
0.2
0.6
-
111-30-8
-
-
- 0.2
56-81-5
556-52-5
7782-42-5
7778-18-9
7440-58-6
76-44-8
142-82-5
87-68-3
77-47-4
67-72-1
1335-87-1
684-16-2
110-54-3
Varies with
compound
591-78-6
108-10-1
108-84-9
107-41-5
25
400
0.02
0.01
0.1
50
500
5
50
10
5
75
see 1910.1000, Table Z-1
2.5
10
5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
1600 500 2000
0.24
0.1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.7
180
1800 1000 3600
20
205
75 300
see 1910.1000, Table Z-1
25
X
X
0.8
(
125
1559
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Substance
CAS#
TWA
ppm mg/m^
STEL Ceiling
ppm mg/m' ppm mg/m^
Skin
desig-
nation
Hydrazine
302-01-2
0.1
0.1
-
X
Hydrogen bromide
10035-10-6
-
-
3 10
-
Hydrogen chloride
7647-01-0
see
1910.1000, Table Z-1
Hydrogen cyanide
74-90-8
-
-
4.7 5
X
Hydrogen fluoride (as F)
7664-39-3
3
-
6 -
-
Hydrogen peroxide
7722-84-1
see
1910.1000, Table Z-1
Hydrogen selenide (as Se)
7783-07-5
see
1910.1000, Table Z-1
Hydrogen sulfide
7783-06-4
10
14
15 21
-
Hydrogenated terphenyls
61788-32-7
0.5
5
-
-
Hydroquinone
123-31-9
see
1910.1000, Table Z-1
2-Hydroxypropyl acrylate
999-61-1
0.5
3
-
X
Indene
95-13-6
10
45
-
~
Indium and compounds (as In)
7440-74-6
-
0.1
-
-
Iodine
7553-56-2
see
1910.1000, Table Z-1
Iodoform
75-47-8
0.6
10
-
-
Iron oxide, dust and fume (as
Fe)
1309-37-1
Total particulate
see
1910.1000, Table Z-1
Iron pentacarbonyl (as Fe)
13463-40-6
0.1
0.8
0.2 1.6
-
Iron salts (soluble)
(asFe)
Varies with
compound
--
1
Isoamyl acetate
123-92-2
see
1910.1000, Table Z-1
Isoamyl alcohol
(Primary and secondary)
123-51-3
100
360
125 450
Isobutyl acetate
110-19-0
see
1910.1000, Table Z-1
Isobutyl alcohol
78-83-1
50
150
-
-
Isooctyl alcohol
26952-21-6
50
270
-
X
Isophorone
78-59-1
4
23
-
-
Isophorone diisocyanate
4098-71-9
0.005
-
0.02
X
2-Isopropoxyethanol
109-59-1
25
105
-
-
Isopropyl acetate
108-21-4
250
950
310 1185
-
Isopropyl alcohol
67-63-0
400
980
500 1225
-
Isopropylamine
75-31-0
5
12
10 24
-
A'^-Isopropylaniline
768-52-5
2
10
-
X
Isopropyl ether
108-20-3
see
1910.1000, Table Z-1
Isopropyl glycidyl ether (IGE)
4016-14-2
50
240
75 360
-
Kaolin
1332-58-7
Total dust
—
10
..
-
Respirable fraction
-
5
-
-
Ketene
463-51-4
0.5
0.9
1.5 3
—
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1560
APPROVED RULES
TWA
STEL
Substance
CAS#
Ceiling
Skin
desig-
ppm mg/m^ ppm mg/m' ppm mgW nation
Lead, inorganic (as Pb) 7439-92-1
Limestone 1317-65-3
Total dust
Respirable
Lindane 58-89-9
Lithium hydride; 7580-67-8
L.P.G. (Liquified petroleum 68476-85-7
gas)
Magnesite 546-93-0
Total dust
Respirable fraction
Magnesium oxide fume 1309-48-4
Total dust
Respirable fraction
Malathion 121-75-5
Total dust
Respirable fraction
Maleic anhydride 108-31-6
Manganese 7439-96-5
Compounds (as Mn)
Manganese 7439-96-5
Fume (as Mn)
Manganese cyclopentadienyl 12079-65-1
tricarbonyl (as Mn)
Manganese tetroxide (as Mn) 1317-35-7
Marble 1317-65-3
Total dust
Respirable fraction
Mercury (aryl and 7439-97-6
inorganic) (as Hg)
Mercun,' (organo) 7439-97-6
alkyl compounds (as Hg)
Mercury (vapor) (as Hg) 7439-97-6
Mesityl oxide 141-79-7
Methacry lie acid 79-41-4
Methanethiol;
see Methyl mercaptan
Methomyl (Lannate®) 16752-77-5
Meihoxychlor 72-43-5
Total dust
15
20
see 1910.1025
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000.
Table Z-1
see 1910.1000,
10
Table Z-1
5
10
5
—
see 1910.1000. Table Z-1
see 1910.1000, Table Z-1
1
0.1
1
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
0.01
0.05
60
70
0.03
100
(
X
X
0.1 X
-- X
- X
10
(
1561
SORTH CAROLISA REGISTER
February 16, 1998
12:16
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m^ ppm mg/m^ ppm mg/m^ nation
Respirable fraction
2-Methoxyethanol;
see Methyl Cellosolve®
2-Methoxyethyl acetate;
see Methyl Cellosolve®
acetate
4-Methoxyphenol
Methyl acetate
Methyl acetylene (Propyne)
Methyl acetylene-
propadiene mixture (MAPP)
Methyl acrylate
Methylacrylonitrile
Methylal (Dimethoxymethane)
Methyl alcohol (Methanol)
Methylamine
Methyl amyl alcohol;
see Methyl isobutyl carbinol
Methyl w-amyl ketone
Methyl bromide
Methyl butyl ketone;
see 2-Hexanone
Methyl Cellosolve®
(2-Methoxyethanol)
Methyl Cellosolve* acetate
(2-Methoxyethyl acetate)
Methyl chloride
Methyl chloroform
(1,1,1 -Trichloroethane)
Methyl 2-cyanoacrylate
Methylcyclohexane
Methylcyclohexanol
o-Methylcyclohexanone
Methylcyclopentadienyl
manganese tricarbonyl (as
Mn)
Methyl demeton
4, 4 '-Methylene bis(2-chloro-
aniline)
(MBOCA)
Methylene bis(4-cyclohexyl-
isocyanate)
Methylene chloride
150-76-5
-
5
-
79-20-9
200
610
250 760
74-99-7
see
1910.1000, Table Z-1
1000
1800
1250 2250
96-33-3
see
1910.1000, Table Z-1
126-98-7
1
3
-
109-87-5
see
1910.1000, Table Z-1
67-56-1
200
260
250 310
74-89-5
see
1910.1000, Table Z-1
1 10-43-0
see
1910.1000, Table Z-1
74-83-9
5
20
-
109-86-4
see
1910.1000, Table Z-1
110-49-6
see
1910.1000, Table Z-1
74-87-3
50
105
100 205
71-55-6
350
1900
450 2450
137-05-3
2
8
4 16
108-87-2
400
1600
-
25639-42-3
50
235
-
583-60-8
50
230
75 345
12108-13-3
-
0.2
~
8022-00-2
—
0.5
„
101-14-4
0.02
0.22
X
X
X
X
5124-30-1
75-09-2
0.01 0.11
see 1910.1052
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1562
APPROVED RULES
TWA
STEL
Substance
CAS#
Ceiling
Skin
desig-
ppm mg/m^ ppm mg/m^ ppm mg/m' nation
Methylenedianiline
(4,4' -Methylenedianiline)
Methyl ethyl ketone (MEK);
see 2-Butanone
101-77-9
see 1910.1050; 1926.60
Methyl ethyl ketone peroxide
1338-23-4
-
~
- 0.7
(MEKP)
Methyl formate
107-31-3
100
250
150 375
Methyl hydrazine
60-34-4
see
1910.1000, Table Z-1
(Monomethyl h\'drazine)
Methyl iodide
74-88-4
2
10
-
Methyl isoamyl ketone
110-12-3
50
240
-
Methyl isobutyl carbinol
108-11-2
25
100
40 165
Methyl isobutyl ketone;
see Hexone
Methyl isocyanate
624-83-9
see
1910.1000. Table Z-1
Methyl isopropyl ketone
563-80-4
200
705
-
Methyl mercaptan
74-93-1
0.5
1
-
Methyl methacr>'late
80-62-6
see
1910.1000, Table Z-1
Methyl parathion
298-00-0
-
0.2
-
Methyl propyl ketone;
see 2-Pentanone
Methyl silicate
681-84-5
1
6
-
alpha-Meihyl styrene
98-83-9
50
240
100 485
Methylene bisphenyl
isocyanate (MDI)
101-68-8
see
1910.1000. Table Z-1
Metribuzin
21087-64-9
-
5
-
Mica; see Silicates
Molybdenum (as Mo)
7439-98-7
Soluble compounds
see
1910.1000, Table Z-1
Molybdenum (as Mo)
7439-98-7
Insoluble compounds
Total dust
—
10
~
Respirable fraction
-
5
--
Monocrotophos
6923-22-4
—
0.25
—
(Azodrin»)
Monomethyl aniline
100-61-8
0.5
2
-
Monometh\l hydrazine;
see Meih\l hydrazine
Morpholine
110-91-8
20
70
30 105
Naphtha (Coal tar)
8030-30-6
see
1910.1000, Table Z-1
Naphthalene
91-20-3
10
50
15 75
aZ/j/ia-Naphthylamine
134-32-7
see 1910.1004
1563
NORTH CAROLINA REGISTER
February 16, 1998
12.16
APPROVED RULES
Substance
TWA STEL Ceiling Skin
C.\S # desig-
ppm mg/m' ppm mg/m' ppm mg/m' nation
i^fa-Naphthylamine
Nickel carbonyl (as Ni)
Nickel
Metal and insoluble
compounds (as Ni)
Nickel
Soluble compounds (as Ni)
Nicotine
Nitric acid
Nitric oxide
;j-Nitroaniline
Nitrobenzene
/7-Nitrochlorobenzene
4-Nitrodiphenyl
Nitroethane
Nitrogen dioxide
Nitrogen trifluoride
Nitroglycerin
Nitromethane
1-Nitropropane
2-Nitropropane
iV-Nitrosodimethylamine
Nitrotoluene (all isomers)
o-isomer
m-isomer
p-isomer
Nitrotrichloromethane;
see Chloropicrin
Nonane
Octachloronaphthalene
Octane
Oil mist, mineral
Osmium tetroxide (as Os)
Oxalic acid
Oxygen difluoride
Ozone
Paraffin wax fume
Paraquat, respirable dust
Parathion
91-59-8
13463-39-3
7440-02-0
7440-02-0
54-11-5
7697-37-2
10102-43-9
100-01-6
98-95-3
100-00-5
92-93-3
79-24-3
10102-44-0
7783-54-2
55-63-0
75-52-5
108-03-2
79-46-9
62-75-9
10
200
300
111-84-2
2234-13-1
111-65-9
8012-95-1
20816-12-0 0.0002
144-62-7
7783-41-7
10028-15-6
8002-74-2
4685-14-7
56-38-2
0.1
see 1910.1009
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
0.1
see
see
1910.1000, Table Z-1
4 10
1910.1000, Table Z-1
35
see
1910.1000, Table Z-1
see
1910.1000, Table Z-1
see 1910.1003
see
1910.1000, Table Z-1
-
1 1.8
see
1910.1000. Table Z-1
-
0.1
see
1910.1000, Table Z-1
see
1910.1000, Table Z-1
see 1910.1016
88-72-2 2 11
99-08-1 2 11
99-99-0 2 1 1
1050
0.1 - 0.3
1450 375 1800
see 1910.1000, Table Z-1
0.002 0.0006 0.006
1
0.2
2
0.1
0,3
0.6
X
X
X
0.05 0.01
X
see 1910.1000, Table Z-1
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1564
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m' ppm mg/m^ ppm mg/m^ nation
Particulates not
otherwise regulated
Total dust
Respirable dust
PCB; see Chlorodiphenyl (42%
and 54% chlorine)
Pentaborane
Pentachloronaphthalene
Pentachlorophenol
Pentaerythritol
Total dust
Respirable fraction
Pentane
2-Pentanone
(Methyl propyl ketone)
Perchloroethylene
(Tetrachloroethylene)
Perchloromethyl mercaptan
Perchloryl fluoride
Perlite
Total dust
Respirable fraction
Petroleum distillates (Naphtha)
Phenol
Phenothiazine
/7-Phenylene diamine
Phenyl ether. Vapor
Phenyl ether - biphenyl mixture.
Vapor
Phenylethylene; see Styrene
Phenyl glycidyl ether (PGE)
Phenylhydrazine
Phenyl mercaptan
Phenylphosphine
Phorate
Phosdrin®
(Mevinphos)
Phosgene (Carbonyl chloride)
Phosphine
Phosphoric acid
Phosphorus (yellow)
19624-22-7
1321-64-8
87-86-5
115-77-5
127-18-4
594-42-3
7616-94-6
93763-70-3
8002-05-9
108-95-2
92-84-2
106-50-3
101-84-8
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.005 0.01 0.015 0.03
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
—
10
5
1800
~
--
109-66-0
600
750
2250
107-87-9
200
700
250
875
400
170
see 1910.1000. Table Z-1
14 6 28
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
1600
see 1910.1000, Table Z-1
5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
122-60-1
1
6
-
-
-
-
100-63-0
5
20
10
45
-
X
108-98-5
0.5
2
-
-
-
-
638-21-1
-
-
-
- 0.05
0.25
-
298-02-2
-
0.05
-
0.2
-
X
7786-34-7
0.01
0.1
0.03
0.3
-
X
75-44-5
see
1910.
1000
, Table Z-1
7803-51-2
0.3
0.4
1
1
-
-
7664-38-2
-
1
-
3
-
-
7723-14-0
see
1910.
1000
. Table Z-1
1565
\ORTH CAROLLXA REGISTER
Feb man 16, 1998
12:16
APPROVED RULES
Substance
CAS#
TWA
ppm mg/m^
STEL Ceiling
ppm mg/m^ ppm mg/m'
Skin
desig-
nation
Phosphorus oxychloride
10025-87-3
0.1
0.6
-
-
Phosphorus pentachloride
10026-13-8
see
1910.1000, Table Z-1
Phosphorus pentasulfide
1314-80-3
-
1
3
-
Phosphorus trichloride
7719-12-2
0.2
1.5
0.5 3
-
Phthalic anhydride
85-44-9
1
6
-
-
/n-Phthalodinitrile
626-17-5
-
5
-
-
Picloram
1918-02-1
Total dust
—
10
-
-
Respirable fraction
5
-
-
Picric acid
88-89-1
see
1910.1000, Table Z-1
(2 ,4 ,6-Trinitrophenol)
Pindone
83-26-1
see
1910.1000, Table Z-1
(2-Pivalyl-l,3-indandione)
Piperazine dihydrochloride
142-64-3
-
5
~
-
Plaster of Paris
7778-18-9
Total dust
see
1910.1000, Table Z-1
Respirable fraction
see
1910.1000, Table Z-1
Platinum (as Ft)
7440-06-4
Metal
-
1
-
-
Platinum (as Pt)
7440-06-4
Soluble salts
see
1910.1000, Table Z-1
Portland cement
65997-15-1
Total dust
-
10
-
-
Respirable fraction
-
5
--
-
Potassium hydroxide
1310-58-3
-
-
2
-
Propane
74-98-6
see
1910.1000, Table Z-1
Propargyl alcohol
107-19-7
1
2
-
X
feefa-Propiolactone
57-57-8
see 1910.1013
Propionic acid
79-09-4
10
30
--
-
Propoxur (Baygon®)
114-26-1
-
0.5
-
-
«-Propyl acetate
109-60-4
200
840
250 1050
-
^-Propyl alcohol
71-23-8
200
500
250 625
-
n-Propyl nitrate
627-13-4
25
105
40 170
-
Propylene dichloride
78-87-5
75
350
110 510
-
Propylene glycol dinitrate
6423-43-4
0.05
0.3
-
-
Propylene glycol monomethyl
ether
107-98-2
100
360
150 540
—
Propylene imine
75-55-8
see
1910.1000, Table Z-1
Propylene oxide
75-56-9
20
50
-
-
Propyne; see Methyl acetylene
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1566
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS# ^ desig-
ppm mg/m' ppm mg/m^ ppm mg/m' nation
Pyrethrum
8003-34-7
Pyridine
110-86-1
Quinone
106-51-4
RDX; see Cyclonite
Resorcinol
108-46-3
Rhodium (as Rh), Metal fume
7440-16-6
and insoluble compounds
Rhodium (as Rh), Soluble
7440-16-6
compounds
Ronnel
299-84-3
Rosin core solder pyrolysis
—
products, as formaldehyde
Rotenone
83-79-4
Rouge
-
Total dust
Respirable fraction
Selenium compounds (as Se)
7782-49-2
Selenium hexafluoride (as Se)
7783-79-1
Silica, amorphous.
~
precipitated and gel
Silica, amorphous.
68855-54-9
diatomaceous earth.
containing less than 1 %
crystalline silica
Silica, crystalline cristobalite
14464-46-1
(as quartz), respirable dust
Silica, crystalline quartz
14808-60-7
(as quartz), respirable dust
Silica, crystalline tripoli
1317-95-9
(as quartz), respirable dust
Silica, cr>'stalline tridymite
15468-32-3
(as quartz), respirable dust
Silica, fused, respirable dust
60676-86-0
Silicates (less than 1 %
crystalline silica)
Mica (respirable dust)
12001-26-2
Soapstone
--
Total dust
Respirable dust
Talc (containing asbestos)
Talc (not containing
asbestos), less than
14807-96-6
1 % quanz, respirable dust
10
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
45 20 90
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
10
<
0.1
see 1910.1000, Table Z-1
10 - - - - -
5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-3
see 1910.1000, Table Z-3
see 1910.1000, Table Z-3
see 1910.1000, Table Z-3
see 1910.1000, Table Z-3 (respirable crystalline quartz)
see 1910.1000, Table Z-3
see 1910.1000, Table Z-3
6
3
see 1910.1001
1567
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m^ ppm mg/m^ ppm mg/m^ nation
^
Tremolite
Silicon 7440-21-3
Total dust
Respirable fraction
Silicon carbide 409-21-2
Total dust
Respirable fraction
Silicon tetrahydride 7803-62-5
Silver, metal, 7440-22-4
dust and fume (as Ag)
Soapstone;
see Silicates
Sodium azide 26628-22-8
(as HN3)
(as NaNj)
Sodium bisulfite 763 1 -90-5
Sodium fluoroacetate 62-74-8
Sodium hydroxide 1310-73-2
Sodium metabisulfite 7681-57-4
Starch 9005-25-8
Total dust
Respirable fraction
Stibine 7803-52-3
Stoddard solvent 8052-41-3
Strychnine 57-24-9
Styrene (Vinyl benzene); l(X)-42-5
see Footnote (1)
Subtilisins (Proteolytic
enzymes); see Footnote (3)
Sucrose 57-50-1
Total dust
Respirable fraction
Sulfur dioxide 7446-09-5
Sulfur hexafluoride 255 1 -62-4
Sulfuric acid 7664-93-9
Sulfur monochloride 10025-67-9
Sulfur pentafluoride 5714-22-7
Sulfur tetrafluoride 7783-60-0
Sulfuryl fluoride 2699-79-8
Sulprofos 35400-43-2
see 1910.1001
100
50
10
5
10
5
7
see 1910.1000, Table Z-1
0.1
5
0.05
0.15
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
525
see 1910.1000, Table Z-I
215 100 425
- X
0.3 X
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
5 5
10
-
see 1910.1000,
Table Z-1
see 1910.1000,
Table Z-1
~
1
6
-
- 0.01
0.1
-
- 0.1
0.4
^0 10
40
-
1
-_
—
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1568
APPROVED RULES
Substance
TWA STEL Ceiling Skin
CAS # ^ ^ desig-
ppm mg/m' ppm mg/m' ppm mg/m- nation
S_\stox* (see Demeion)
2,4,5-T (2.4,5-Trichloro- 93-76-5
phenoxyacetic acid)
Talc; see Silicates
Tantalum 7440-25-7
metal and oxide dust
TEDP (Sulfotep) 3689-24-5
Tellurium and compounds 13494-80-9
(as Te)
Tellurium hexafluoride (as Te) 7783-80-4
Temephos 3383-96-8
Total dust
Respirable fraction
TEPP (Tetraethyl 107-49-3
pyrophosphate)
Terphenyls 26140-60-3
1,1,1.2-Tetrachloro- 76-11-9
2,2-difluoroethane
1,1,2,2-Tetrachloro- 76-12-0
1,2-difluoroethane
1 , 1 ,2,2-Tetrachloroethane
79-34-5
Tetrachloroethvlene;
see Perchloroethylene
Tetrachloromethane ;
see Carbon tetrachloride
Tetrachloronaphthalene
1335-88-2
Tetraethyl lead (as Pb)
78-00-2
Tetrahydrofuran
109-99-9
Tetramethyl lead (as Pb)
75-74-1
Tetramethyl succinonitrile
3333-52-6
Tetranitromethane
509-14-8
Tetrasodium pyrophosphate
7722-88-5
Tetryl (2,4,6-Trinitrophenyl
479-45-8
methyl nitramine)
Thallium, soluble compotmds
7440-28-0
(asTl)
4,4 ' -Thiobis(6-:e/7-buty 1-
96-69-5
w!-cresol)
Total dust
Respirable fraction
Thioglycolic acid
68-11-1
Thionvl chloride
7719-09-7
200
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
10
5
see 1910.1000, Table Z-1
- 0.5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
see 1910.1000. Table Z-1
590 250 735
see 1910.1000, Table Z-1
see 1910.1000. Table Z-1
see 1910.1000, Table Z-1
5
0.1
see 1910.1000, Table Z-1
10
5
4
(
X
X
1569
\ORTH CAROLLXA REGISTER
February 16, 1998
12:16
APPROVED RULES
Substance
»
TWA STEL Ceiling Skin
CAS # desig-
ppm mg/m^ ppm mg/m' ppm mg/m' nation
Thiram 137-26-8
Tin, inorganic compounds
(except oxides) (as Sn) 7440-31-5
Tin, organic compounds (as Sn) 7440-31-5
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.1
Tin oxide (as Sn)
Titanium dioxide
Total dust
Respirable fraction
Toluene
Toluene-2,4-diisocyanate
(TDI)
m-Toluidine
o-Toluidine
/7-Toluidine
Toxaphene;
see Chlorinated camphene
Tremolites;
see Silicates
Tributyl phosphate
Trichloroacetic acid
1 ,2,4-Trichlorobenzene
1,1,1 -Trichloroethane ;
see Methyl chloroform
1 , 1 ,2-Trichloroethane
Trichloroethylene
Trichloromethane;
see Chloroform
Trichloronaphthalene
1 ,2,3-Trichloropropane
l,l,2-Trichloro-l,2,2-
trifluoroethane
Triethylamine
Trifluorobromomethane
Trimellitic anhydride
Trimethylamine
Trimethyl beruene
Trimethyl phosphite
2,4,6-Trinitrophenol;
see Picric acid
2,4,6-Trinitrophenylmethyl
nitramine; see Tetryl
7440-31-5
13463-67-7
—
10
5
375
—
108-88-3
100
150 560
584-84-9
0.005
0.04
0.02 0.15
108-44-1
2
9
—
95-53-4
see
1910.1000, Ta
106-49-0
2
9
126-73-8
0.2
2.5
-
76-03-9
1
7
-
120-82-1
—
—
5
79-00-5
see
1910.1000, Table Z-1
79-01-6
50
270
200 1080
1321-65-9
see
1910.1000, Table Z-1
96-18-4
10
60
-
76-13-1
1000
7600
1250 9500
121-44-8
10
40
15 60
75-63-8
see
1910.1000, Table Z-1
552-30-7
0.005
0.04
-
75-50-3
10
24
15 36
25551-13-7
25
125
-
121-45-9
2
10
—
40
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1570
APPROVED RULES
TWA
STEL
Substance
CAS#
Ceiling
Skin
desig-
ppm mg/m^ ppm mg/m' ppm mg/m^ nation
2,4,6-Trinitrotoluene
(TNT)
Tri-orr/jo-cresyl phosphate
Triphenyl amine
Triphenyl phosphate
Tungsten (as W)
Insoluble compounds
Soluble compounds
Turpentine
Uranium (as U)
Soluble compounds
Uranium (as U)
Insoluble compounds
n-Valeraldehyde
Vanadium
Respirable dust (as VnOj)
Fume (as VnOj)
Vegetable oil mist
Total dust
Respirable dust
Vinyl acetate
Vinyl benzene;
see Styrene
Vinyl bromide
Vinyl chloride
Vinyl cyanide;
see Acrylonitrile
Vinyl cyclohexene dioxide
Vinylidene chloride
(1,1 -Dichloroethy lene)
Vinyl toluene
V M & P Naphtha
Warfarin
Welding fumes (tctal particulate,
breathing zone)
Wood dust, all so't and hard
woods, except Vestem Red
Cedar
Wood dust, V^estcm red cedar
Xylenes (c-, >n-. p- isomers)
m-X\ ]ci:c-alpha. aZ/j/ia '-diamine
118-96-7
78-30-8
603-34-9
115-86-6
7440-33-7
8006-64-2
7440-61-1
7440-61-1
110-62-3
1314-62-1
108-05-4
593-60-2
106-87-6
75-35-4
25013-15-4
8032-32-4
81-81-2
1330-20-7
1477-55-0
50
10
10
1
300
100
0.5
0.1
5
see 1910.1000, Table Z-1
5 -- 10
1 - 3 -
see 1910.1000, Table Z-1
see 1910.1000, Table Z-1
0.2
-
0.6
-
175
-
-
-
0.05
--
--
.-
0.05
-
-
--
see
1910.
1000
Table
Z
1
see
1910.
1000
Table
Z
1
30
20
60
--
see 1910.1017
60
4
see 1910.1000, Table Z-1
1350 400 1800
see 1910.1000, Table Z-1
2.5
435
150
10
655
i
X
1571
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
TWA STEL Ceiling Skin
Substance CAS # desig-
ppm mg/m' ppm mg/m^ ppm mg/m^ nation
Xylidine
Yttrium
Zinc chloride fume
Zinc chromate (as CrO,)
Zinc oxide fume
Zinc oxide
Total dust
Respirable fraction
Zinc stearate
Total dust
Respirable fraction
Zirconium compounds (as Zr)
1300-73-8
7440-65-5
7646-85-7
Varies with
compound
1314-13-2
1314-13-2
557-05-1
7440-67-7
10
see 1910.1000, Table Z-1
1 - 2 -
5 -- 10
10
5
10
5
5 - 10
0.1
TABLE Z-2
Acceptable maximum peak above the
acceptable ceiling concentration
for an 8-hr. shift
8-hour time
Acceptable
ceiling
Maximum
Substance
weighted
concentration
Concentration
duration
average
Benzene '
10 ppm
25 ppm
50 ppm
10 minutes
Cadmium fume *"
0. 1 mg/m'
0.3 mg/m'
Cadmium dust *"
0.2 mg/m'
20 ppm
0.6 mg/m^
30 ppm
Ethylene dibromide
50 ppm
5 minutes
Ethylene dichloride
50 ppm
100 ppm
200 ppm
5 minutes in any 3
hours
a. This standard applies to the industry segments exempt from the 1 ppm 8-hour TWA and 5 ppm STEL
of the benzene standard at 1910.1028.
b. This standard applies to any operation or sectors for which the Cadmium standard, 1910. 1027, is stayed
or otherwise not in effect.
TABLE Z-3 - MINERAL DUSTS
Substance
mppcf
mg/m^
Silica:
Crystalline
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1572
APPROVED RULES
Quartz (Respirable)
Quanz (Total Dust)
250
%SiO, +
5"
Cristobalite: Use V2 the value calculated from the count or mass
formulae for quartz
Tridymite: Use V2 the value calculated from the formulae for quartz
Amorphous, including natural diatomaceous earth
20
Coal Dust:
Respirable fraction less than 5% SiO,
10 mg/m^
% SiO, + 2
30 mg/m^
% SiO, + 2
80 mg/m^
% SiO,
2.4 mg/m^
Respirable fraction greater than 5% SiO,
10 mg/m^
% SiO, + 2
(b) The modified final rule for 29 CFR 1910.1200, Hazard Communication, including Appendices A through E, published in
59 FR (February 9, 1994) pages 6170 - 6184 is incorporated by reference except that 1910.1200(b)(6)(ii) is amended to read: "(ii)
Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) (42 U.S.C. 9601 et seq), when regulated as a hazardous waste tinder that Act by the Environmental Protection Agency. "
History Note: Filed as a Temporary Amendment Eff. August 16, 1993, for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority G.S. 95-131: 95-133; 150B-21.6;
Eff. August 2, 1993:
Amended Eff. April 1, 1996; January 1, 1996; September 6, 1995; April 1, 1995;
Temporary Amendment Eff. April 1, 1996;
Amended Eff. September 1. 1996: June 3, 1996;
Temporary Amendment Expired January 26, 1997;
Amended Eff. Mx L 1998: October 15, 1997; March 7, 1997; February 28. 1997;
Febmar\- 11, 1997.
SECTION .0200 - CONSTRUCTION STANDARDS
.0201 CONSTRUCTION
The provisions for the Occupational Safety and Health
Standards for Construction, Title 29 of the Code of Federal
Regulations Part 1926 promulgated as of October 15, 1997, and
exclusive of subsequent amendments, are incorporated by
reference except as follows:
(1) Subpan C -- General Safety and Health Provisions -
Personal protective equipment, §1926. 28(a) is
amended to read as follows: "(a) The employer is
responsible for requiring the wearing of appropriate
personal protective equipment in all operations where
there is an exposure to hazardous conditions or where
this part indicates the need for using such equipment
to reduce the hazards to the employees."
(2) Subpart D -- Occupational Health and Environmental
Controls:
(a) Addition to 29 CFR 1926.54, Nonionizing
radiation, after subpart (a) to read:
"(al) This standard shall apply to all direct or
reflected laser equipment except properly
maintained unmodified Class I equipment. Class
I equipment is defined as intrinsically safe lasers
having less than 0.001 milliwatt power and lasers
which cannot create eye damage if viewed
accidentally or which present no direct ocular
hazard, diffuse ocular hazard or fire hazards."
(b) Incorporation by reference of modified final
rule for 29 CFR 1926.59, Hazard
Communication, including Appendices A
through E, published in 59 FR (February 9,
1994) pages 6170 - 6184 except that
1926.59(b)(6)(ii) is amended to read:
"(ii) Any hazardous substance as such term is
defined by the Comprehensive Environmental
1573
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Response, Compensation, and Liability Act
(CERCLA) (42 U.S.C. 9601 et seq), when
regulated as a hazardous waste under that Act by
the Environmental Protection Agency;"
(3) Subpart E —Personal Protective and Life Saving
Equipment - addition of (g) to 1926.104 Safety
belts, lifelines, and lanyards, as follows:
"(g) Snaphooks shall be a locking type designed
and used to prevent disengagement of the
snaphook keeper by the coruiected member.
Locking type snaphooks have self-closing, self-
locking keepers which remain closed and locked
until unlocked and pressed open for connection or
disconnection. "
(4) Subpart V - Power Transmission and Distribution —
1926.950(c)(l)(i) is rewritten to read as follows:
"(i) The employee is insulated or guarded from
the energized part (insulating gloves or insulating
gloves with sleeves rated for the voltage involved
shall be considered insulation of the employee
only with regard to the energized part upon which
work is being performed), or"
(5) Subpart Z — Toxic and Hazardous Substances -
incorporation of the existing standard for Bloodbome
Pathogens, 29 CFR 1910.1030, excluding
subparagraph (e) HIV and HBV Research
Laboratories and Production Facilities, into the
Safety & Health Regulations for Construction at 29
CFR 1926. 1 130. Final rule as published in 56 FR
(December 6, 1991) pages 64175 - 64182, including
Appendix A — Hepatitis B Vaccine Declination
(Mandatory) — with corrections as published in 57
FR (July 1, 1992) page 29206, and with the
following revision to the definition of Occupational
Exposure under subsection (b) Definitions:
"Occupational Exposure means reasonably
anticipated skin, eye, mucous membrane, or
parenteral contact with blood or other
potentially infectious materials that may result
from the performance of collateral first aid
duties by an employee in the areas of
construction, alteration, or repair, including
painting and decorating."
History Note: Authority G.S. 95-131; 150B-21.6;
Eff. August 2, 1993;
Amended Eff. July. L 1998; March 7, 1997; February 11,
1997; September 1, 1996; February 1, 1996; January 1, 1996;
October 1, 1995; September 6, 1995.
SECTION .0300 - AGRICULTURE STANDARDS
reference except as follows:
(1) Subpart B - Applicability of Standards - In 29 CFR
1928.21(a)(5), the identical application of 29 CFR
1910.1200(b)(6)(ii) is amended to read as specified
in 13 NCAC07F.0101.
(2) Subpart 1 - General Environmental Controls - 29
CFR 1928.110, Field Sanitation, the scope shall not
be limited to any specific number of employees.
History Note: Authority G.S. 95-131; 150B-21.6;
Eff. August 2, 1993;
Amended Eff. Mx L 1998; September 1, 1996; April 1, 1995;
November 1, 1994; August 1, 1994; September 24, 1993.
SECTION .0500 - MARITIME STANDARDS
.0501 SfflPYARD EMPLOYMENT
(a) The provisions for the Occupational Safety and Health
Standards for Shipyard Employment, Title 29 of the Code of
Federal Regulations Part 1915 promulgated as of October 15,
1997, and exclusive of subsequent amendments, are
incorporated by reference except that in 29 CFR 1915. 1200 the
identical application of 29 CFR 1910.1200(b)(6)(ii) is amended
to read as specified in 13 NCAC 07F .0101.
(b) The provisions of 29 CFR 1915 shall apply only to
public sector employees of local governments or of the State of
North Carolina.
History Note: Authority G.S. 95-131; 150B-21.6;
Eff. December 1, 1993;
Amended Eff. July L 1998; October 15, 1997; March 7, 1997;
February 11, 1997; September 1, 1996; January 1, 1996;
September 6, 1995; May 1, 1995; February 1, 1995.
.0502 MARINE TERMINALS
(a) The provisions of the Occupational Safety and Health
Regulations for Marine Terminals, Title 29 of the Code of
Federal Regulations Part 1917, promulgated as of October 15,
1997, and exclusive of subsequent amendments are
incorporated by reference except that in 29 CFR
1917.1(a)(2)(vi) the identical application of 1910.1200(b)(6)(ii)
is amended to read as specified in 13 NCAC 07F.0101.
(b) The provisions of 29 CFR 1917 shall apply only to
public sector employees of local governments or of the State of
North Carolina.
History Note: Authority G.S. 95-131; 1508-21. 6;
Eff. December 1, 1993;
Amended Eff. July. L 1998; October 15, 1997; November 1,
1994; August 1, 1994.
.0301 AGRICULTURE
The provisions for the Occupational Safety and Health
Standards for Agriculture, Title 29 of the Code of Federal
Regulations Part 1928, promulgated as of October 15, 1997,
and exclusive of subsequent amendments, are incorporated by
TITLE 15 A - DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
CHAPTER 7 - COASTAL MANAGEMENT
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1574
APPROVED RULES
SUBCHAPTER 7H - STATE GUIDELINES
FOR AREAS OF ENVIRONMENTAL CONCERN
SECTION .0400 - PUBLIC WATER SUPPLIES
.0406 PUBLIC WATER SUPPLY WELL FIELDS
(a) Description. Public water supply well fields are areas of
well -drained sands that extend downward from the surface into
the shallow ground water table which supplies the public with
potable water. These surficial well fields are confined to a
readily definable geographic area as identified by the North
Carolina Department of Environment and Natural Resources
with assistance and support from affected local governments.
(b) Use Standards. Development within these AEC's shall
be consistent with the following minimum standards:
(1) No ground absorption sewage disposal or subsurface
pollution injection systems shall be placed within the
designated AEC boundary except to replace systems
existing as of July 24, 1987;
(2) Development shall not significantly limit the quality
or quantity of the public water supply or the amount
of rechargeable water;
(3) The development shall not cause salt water intrusion
or result in the discharge of toxic or soluble
contaminants into standing or groundwater; and
(4) Groundwater absorption sewage treatment systems
may also be used within the AEC boundary if each of
the following provisions are met:
(A) the system is serving development on a lot that
was platted of record as of July 24, 1987;
(B) there is no other economically viable method
of waste treatment for the permittable
development of such lot;
(C) there is no .space outside the boundaries of the
AEC on the lot upon which the treatment
system could be located; and
(D) the Division of Environmental Health,
Department of Environment and Natural
Resources, prior to the CAMA permit
decision, reviews and approves the proposed
system as complying with existing rules.
(c) Designated public water supply well field. The CRC has
designated the following as a public water supply well field
which shall be subject to the use standards as set out in
Paragraph (b) of this Rule:
(1) Cape Hatteras Well Field. The County of Dare is
supplied with raw water from a well field located
south of N.C. 12 on Hatteras Island between Frisco
and Buxton. The area of environmental concern is
bounded by a line located 1,000 feet from the
centerlines of three tracts. The first tract is identified
as "well field" on maps entitled "Cape Hatteras
Wellfield Area of Environmental Concern" approved
by the Coastal Resources Commission on July 24.
1987, and extends approximately 12,000 feet west
from Water Association Road. The second tract is
conterminous with the first tract, is identified as
"future well field" on said maps and extends
approximately 8,000 feet to the east of Water
Association Road. The third tract is identified as
"future well field" on said maps and extends
approximately 6,200 feet along the National Park
Service boundary east of Water Association Road.
The aquifer beneath the tracts serves as the sole
source of drinking water for the communities of
Avon, Buxton, Frisco, and Hatteras as well as the
national seashore recreation area. The wetlands,
swales, and surface waters adjacent to the well field
provide a large source of recharge and are a potential
vehicle for contaminants. Due to these facts
contamination of the water supply could have an
adverse effect on people other than the local residents
of Hatteras Island. Water-borne disease organisms
could be easily transported to other areas of the state
or the east coast by tourists who are attracted to the
area daily.
Hislory Note: Authority G.S. 113A-W7(a): 113A-107(b);
]13A-113(b)(3)a.: I13A-124;
Eff. September 9, 1977:
Amended Eff. December 1 . 1997: April 1, 1995: May 1. 1990:
October 1. 1987: November 1, 1984.
SUBCHAPTER 7M - GENERAL POLICY
GUIDELINES FOR THE COASTAL AREA
SECTION .0300 - SHOREFRONT ACCESS POLICIES
.0301 DECLARATION OF GENERAL POLICY
(a) The public has traditionally and customarily had access to
enjoy and freely use the ocean beaches and estuarine and public
trust waters of the coastal region for recreational purposes and
the State has a responsibility to provide continuous access to
these resources. It is the policy of the State to foster, improve,
enhance and ensure optimum access to the public beaches and
waters of the 20 county coastal region. Access shall be
consistent with rights of private property owners and the
concurrent need to protect important coastal natural resources
such as sand dunes and coastal marsh vegetation.
(b) The State has created an access program for the purpose
of acquinng, improving and maintaining waterfront recreational
property at frequent intervals throughout the coastal region for
pedestrian access to these important public resources.
(c) In addition, some properties, due to their location, are
subject to severe erosion so that development here is not
possible or feasible. In these cases, a valid public purpose may
be served by the donation, acquisition and improvement of
these properties for public access.
Histor\' Note: Authority G.S. 113A-124; 113A-134.1:
113.4-134.3:
Eff. March 1. 1979:
Amended Eff. Janiian L 1998: March 1. 1988; March 1.
1985: Julv 1. 19S2.
1575
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
.0306 LOCAL GOVERIVMENT AND STATE
INVOLVEMENT IN ACCESS
(a) Coastal Waterfront access in the 20-county coastal area
is a concern of local, state, regional and national importance.
As such, the NCCMP can provide some guidance as to location
of facilities that are of multi-regional and regional significance.
The local government, however, has the primary responsibility
for identifying local, neighborhood and regional accessways
through Its land use plan policies and local access plan.
( 1 ) A local policy in a land use plan sets the community
objectives for access; a local govenmient may
determine that public access is not a pressing issue
and thus develop a policy of private sector access
provision and no public involvement. Similarly local
governments may:
(i) identify numerous access needs and develiap
local policy to pursue access funding;
(ii) develop a local access plan; and
(iii) solicit access sites through corporate
assistance.
(2) A local access plan shall identify needs and
opportunities, determine access and facility
requirements, establish local standards, and develop
specific project design plans or guidelines by
appropriate site. A local plan shall consider both
financial resource availability (such as grants, impact
fees or hotel/motel tax revenues) and construction
timing. It shall establish local priorities and devise
a system for armual evaluation of the plan.
(3) Local governments may also include provisions in
local subdivision ordinances that require access for
waterfront developments or require payment in lieu
of access for non-water dependent subdivisions. The
principle here is that, as land is subdivided and more
people become residents, access and other recreation
demands will follow.
(4) Dedicated street stub outs may be acceptable for
accessways.
(b) The NCCMP has primary responsibility for
administering the coastal access program. Armually, the
Division of Coastal Management (DCM) will solicit for pre-
application proposals from local governments and will select
competitive projects for full application submittal. A group of
these final applications will be selected for funding based on
guidelines in Rule 7M .0305 of this Section and anticipated
fund availability.
(c) DCM will ensure all projects funded through the annual
grant program are making reasonable progress throughout
project implementation and ensure that completed projects are
operated and maintained for access purposes.
History Note: Authority G.S. 1 I3A-I24; 1 13A-134 3;
Eff. January 1. 1998.
f .0309 COMPLIANCE WITH THE NORTH
CAROLINA ENVIRONMENTAL POLICY
ACT
The public access program shall comply with the
requirements of the North Carolina Environmental Policy Act
(NCEPA) and rules adopted by the Department of Environment
and Natural Resources concerning NCEPA implementation as
set out in 15A NCAC IC .0201 - .0504. Future amendments
by the Department shall be deemed to be incorporated into this
Rule pursuant to G.S. 150B-14(c).
History Note: Authority G.S. 113A-2; U3A-124:
Eff. July 1. 1990:
Recodified from .0306 Eff. Januarx L 1998:
Amended Eff. January 1. 1998.
CHAPTER 8 - WATER POLLUTION CONTROL
SYSTEM OPERATORS CERTnCATION
COMMISSION
SUBCHAPTER 8F - CERTinCATION OF
OPERATORS OF ANIMAL WASTE
MANAGEMENT SYSTEMS
SECTION .0100 - GENERAL PURPOSE/DEFINITIONS
.0102 DEFINITIONS
(a) "Animal waste management system operator" means a
person that has been certified by the Certification Commission
as a Type A Animal Waste Management System Operator or as
a Type B Animal Waste Management System Operator.
(b) "Appropriate examination" means an examination that
has been approved by the Certification Commission.
(c) "Approved training program" means a training program
that has been approved by the Certification Commission in
cooperation with the Cooperative Extension Service.
(d) "Certified operator" means a person who holds a
currently valid certification as an animal waste management
system operator.
(e) "Certification Commission" means the Water Pollution
Control System Operators Certification Commission
(WPCSOCC) created by G.S. 1438-300. The Certification
Commission's mailing address is PC Box 29535, Raleigh, NC
27626-0535.
(f) "Contract animal waste management system operator"
means any certified animal waste operator who contracts with
the owner or person in control of an animal operation pursuant
to G.S. 9QA-47.2(b).
(g) "Currently valid certification" means that all training and
certification requirements pursuant to G.S. 90A- 47.3(b) and
G.S. 90A-47.4 have been completed.
(h) "Emergency circumstances" means any extraordinary
meteorological event, natural catastrophe, or equipment failure
that threatens the integrity of the animal waste management
system.
(i) "Person under the supervision of an Operator in Charge"
means a person who takes directions from the Operator in
Charge and who may only land apply animal waste when the
Operator in Charge is available for consultation and advice at
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1576
APPROVED RILES
any time during the application of animal waste.
Histon.' Note: Authority G.S. 90A-35: 90A-43: 90A-47:
1 43 B- 300:
Temporary' Adoption Eff. Januar\- 7. 1997:
Eff. August I. I99S.
SECTION .0200 - DUTIES AND REQUIREMENTS
.0201 DUTIES AND REQUIREMENTS OF 0\MSERS
(a) The owner of each animal operation having an animal
waste management system shall submit a letter to the
Certification Commission which designates an Operator in
Charge. This letter shall be signed by the owner and the
certified operator and be submitted to the Certification
Commission. The Operator in Charge shall be designated:
(1) before a new animal operation having an animal
waste management system is placed in operation; or
(2) within 30 days after a new Operator in Charge is
designated.
(b) An owner may voluntarily designate a back-up Operator
in Charge to operate the animal waste management s\stem
during the absence of the primary Operator in Charge.
Histoid- Note: Authont\' G.S. 90A-44: 90.4-47: I43B-300:
Temporary Adoption Eff. January 7. 1997:
Eff. .August I. I99S.
SECTION .0400 - CERTIFICATION OF
OPERATORS
.0403 Al'I'I ICATION PROCEDl RES
(a) An application being filed for examination shall be
postmarked b\ the I'mied States Postal Service at least 30 da\ s
prior to the date upon which the examination is scheduled to be
administered and the appropriate fee must accompany the
application
(bt Upon receipt of the application by the Certification
Commission, ihc application will be re\iewed b\' the
desigiiee(s') of the Certification Commission for eligibilit>' to
t.ike the exaimnation. The applicant will be notified by letter,
which will ser\e as the receipt for the examination fee. ot
his her eligibility and will be advised of the date, tune and
place of the examination. In cases where the applicant is
ineligible for examination, the applicant will also be notified bv
letter and ad\ised of the reason for ineligibilii\ . The
examination fee will be refunded in the event that the applicant
is determined to be ineligible lor the examination. Upon
notification of iiieligibilii\. the applicant may request a hearing
to be heard In the Certification Commission at the next
regularly schcxiulai ineeiing. relative to the ineligibility. Such
requests must be in writing and shall be submiiied postmarked
at least 30 ilays prior to the next regularly scheduled meeting.
Aii\ applicant who inteniioii.ilh supplies t'alse information on
the application for certification for the purjiose of gaining
eligibiliiN. will lie ineligible for the cxanimaiion and will forfeit
the cx.iiiiiiialion tee, .Xiiplicanis who ha\e inicniionallv
supplied false information and w ho hase been determined to be
ineligible who wish to reapph for cenification shall follow the
procedure set forth in Rule .0407(d) of this Section.
Histor.' Note: Authority G.S. 90A-39: 90A-47: 1438-300:
Temporary- Adoption Eff. January 7. 1997:
Eff. Aug ust 1. 1998.
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A - SANITATION
SECTION .1900 - SEWAGE TREATMENT AND
DISPOSAL SYSTEMS
.1938 RESPONSIBILITIES
(a) The permitting of wastewater s\stem shall be the
responsibility of agents authorized b> the State in accordance
with G.S. 130A-40. 130A-50. and registered with the State of
North Carolina Board of Sanitarian Examiners if required in
G.S. 90A Article 4.
(b) The person owning or controlling the system shall be
responsible for assuring compliance with the laws, rules, and
permit conditions regarding system location, installation,
operation, maintenance, monitoring, reporting, and repair.
(c) Prior to the issuance of an Improvement Permit or
Construction Authorization, plans and specifications may be
required by the local health department where there is an
unsuitable soil or unsuitable characteristic and shall be required
for drainage systems serving two or more lots. These plans and
specifications shall be required to be prepared b\' a person or
persons who are licensed or registered to consult, investigate,
evaluate, plan or design wastewater s\stems. soil and rock
charactenstics, ground water hsdrology. or drainage systems if
required in G.S. 89C, S9E, 89F, and 90A Anicle 4.
(d) .\n>' wastewater system which meets one or more of the
following conditions shall be designed b\' a registered
professional engineer if required by G.S. 89C:
{\ ) The SNStem is designed to handle over 3,000 gallons
per da>'. as detemimed in Rule . 1949(a) or {.b) of this
Section, except where the sNStem is limited to an
individual septic tank system sening an individual
dwelling unit or se\eral individual septic tank
s> stems, each serxing ;ui indnidual dwelling unit.
(2) The SNStem requires pretreatment before disposal,
other than by a conventional septic or other system
appaned under Rule . 1957 or . 1969 of this Section.
(}) The system requires use of sewage pumps prior to
the septic tank or other pretreatment s\stem, except
for systems subject to the North Carolina Plumbing
code or which consist of grinder pumps and
associated pump basins that are appro\ed and listed
in accordance witli standards adopted b\ the National
Sanitation Foundation.
(4) The indnidual s\stem is required b\ Rule .1^52 of
this Stvtion to use more than one pump or siphon in|
a single pump tank.
7577
NORTH CAROLINA REGISTER
Echniar^' 16. 199,S
12:16
APPROVED RULES
(5) The system includes a collection sewer, prior to the
septic tank or other pretreatment system, which
serves two or more buildings, except for systems
subject to the North Carolina Plumbing Code.
(6) The system includes structures which have not been
pre-engineered.
(7) The system is designed for the collection, treatment
and disposal of industrial process wastewater, except
under the following circumstances:
(A) the State has determined that the wastewater
generated by the proposed facility has a
pollutant strength which is lower than or equal
to domestic sewage, and does not require
specialized pretreatment or management, or
(B) the State has pre-approved a predesigned
pretreatment system or process and
management method proposed by the facility
owner which shall enable the industrial
process wastewater to have a pollutant
strength which is lower than or equal to
domestic sewage.
(8) Any other system serving a business or multi-family
dwelling so specified by the local health department.
(e) The State shall review and approve the system layout on
a site plan or plat, plans and specifications for all systems
serving a design unit with a design flow greater than 3,000
gallons per day, as determined in Rule .1949(a) or (b) of this
Section, except:
(1) where the system is limited to an individual septic
tank system serving an individual dwelling unit or
several individual septic tank systems, each serving
an individual dwelling unit, or
(2) where the system consists of individual septic tank
systems, each serving an individual facility, and
which meets all of the following criteria;
(A) each individual system's design flow does not
exceed 1500 gallons per day, as determined in
Rule . 1949(a) or (b) of this Section,
(B) the site for the nitrification field and repair
area for each individual system is at least 20
feet from any other individual system site, and
(C) the design wastewater loading on the lot or
tract of land containing the design unit is less
than 1 ,500 gallons per day per acre for new or
expanded systems and 3,000 gallons per
day/acre for malfunctioning systems.
(f) The state shall also review and approve plans and
specifications for any industrial process wastewater system
required by this Section to be designed by a registered
professional engineer and any other system so specified by the
local health department.
(g) For systems that require State review and approval:
(1) An improvement permit shall not be issued unless the
site plan or plat and system layout, including details
for any proposed site modifications, are approved.
A Construction Authorization shall not be issued
unless plans and specifications, including methods of
operation and maintenance, are approved.
(2) Prior to issuance of the operation permit for a system
required to be designed by a registered professional
engineer, the owner shall submit to the local health
department a statement signed by a registered
professional engineer stating that construction is
complete and in accordance with approved plans and
specifications and approved modifications. Periodic
observations of construction and a final inspection
for design compliance by the certifying registered
professional engineer or his representative shall be
required for this statement. The statement shall be
affixed with the registered professional engineer's
seal.
(h) Plans and specifications required to be prepared by a
registered professional engineer shall contain the information
necessary for construction of the system in accordance with
applicable rules and laws and shall include any of the
following, determined to be applicable by the local health
department or the State:
(1) the seal, signature, and the date on all plans and the
first sheet of specifications; specifications and reports
prepared by the design engineer and licensed or
registered professionals who contributed to the plans,
specifications, or reports;
(2) a description of the facilities served and the
calculations and basis for the design flow proposed;
(3) a site plan based on a surveyed plat showing all
system components, public water supply sources
within 500 feet, private water supplies and surface
water supplies within 200 feet, water lines serving
the project and within 10 feet of all components,
building foundations, basements, property lines,
embankments or cuts of two feet or more in vertical
height, swimming pools, storm sewers, interceptor
drains, surface drainage ditches, and adjacent
nitrification fields;
(4) specifications describing all materials to be used,
methods of construction, means for assuring the
quality and integrity of the finished product, and
operation and maintenance procedures addressing
requirements for the system operator, inspection
schedules, residuals management provisions, process
and performance monitoring schedules, and
provisions for maintaining mechanical components
and nitrification field vegetative cover;
(5) plan and profile drawings for collection sewers, force
mains and supply lines, showing pipe diameter,
depth of cover, cleanout and manhole locations,
invert and ground surface elevations, valves and
other appurtenances, lateral connections, proximity
to utilities and pertinent features such as wells, water
lines, storm drains, surface waters, structures, roads,
and other trafficked areas;
(6) plans for all tanks, showing capacity, invert and
groimd elevations, access manholes, inlet and outlet
details, and plans for built-in-place or
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1578
APPROVED RULES
nonstate-approved, precast tanks, also showing
dimensions, reinforcement details, liquid depth, and
other pertinent construction features;
(7) calculations for pump or siphon sizing, pump curves,
and plan and profile drawings for lift stations and
effluent dosing tanks, showing anti-buoyancy
provisions, pump or siphon locations, discharge
piping, valves, vents, pump controls, pump removal
system, electrical connection details, and activation
levels for pumps or siphons and high-water alarms;
(8) plan and profile drawings for wastewater treatment
plants and other pretreatment systems, including
cross-section views of all relevant system
components, and data and contact lists from
comparable facilities for any non-standard systems;
(9) plans for nitrification field and repair area, based on
an evaluation and report prepared by a person
licensed or registered to practice soil science, if
required in G.S. 89F showing the following:
(A) field locations with existing and final relative
contour lines based on field measurements at
inten'als not exceeding two feet or spot
elevations if field areas are essentially fiat or
of uniform grade;
(B) field layout, pipe sizes, length, spacing,
coimection and clean out details, invert
elevations of flow distribution devices and
laterals, valves, and appurtenances;
(C) trench plan and profile drawings and flow
distribution device details; and
(D) location and design of associated surface and
groundwater drainage systems; and
(10) any other information required by the local health
department or the State.
(i) The entire wastewater sewage system shall be on property
owned or controlled by the person owning or controlling the
system. Necessary easements, right of ways, or encroachment
agreements, as applicable, shall be obtained prior to the
issuance of a Construction Authorization for the system
installation or repair. Terms of the easement, right-of-way or
encroachment agreement shall provide that the easement, right-
of-way, or encroachment agreement:
(1) is appurtenant to specifically described property and
runs with the land and is not affected by change of
ownership or control;
(2) is valid for as long as the wastewater system is
required for the facility that it is designed to serve;
(3) describes and specifies the uses being granted and
shall include ingress and egress, system installation,
operation, maintenance, monitoring, and repairs:
(4) specifies by metes and bounds description or attached
plat, the area or site required for the wastewater
system and appurtenances including a site for any
required system replacement; and
(5) shall be recorded with the register of deeds in the
county where the system and facility is located.
History Note: Authority G.S. 89C; 89E; 89F; 90A; 130A-
335(e); 130A-335(f);
Eff. July I, 1982;
Amended Eff. January 1, 1990; April 1. 1985;
Temporary Amendment Eff. January 20, 1997;
Amended Eff. Aug ust 1. 1998.
.1958 NON-GROUND ABSORPTION SEWAGE
TREATMENT SYSTEMS
(a) Where an approved privy, an approved septic tank
system, or a connection to an approved public or community
sewage system is impossible or impractical, this Section shall
not prohibit the state or local health department from permitting
approved non-ground absorption treatment systems utilizing
heat or other approved means for reducing the toilet contents to
an inert or stabilized residue or to an otherwise harmless
condition, rendering such contents noninfectious or
noncontaminating. Alternative systems shall be designed to
comply with the purposes and intent of this Section.
(b) Holding tanks shall not be considered as an acceptable
sewage treatment and disposal system. An improvement permit
shall not be issued for a sewage holding tank for any new
construction. However, an Authorization to Construct may be
issued for a holding tank for pumping and hauling of
wastewater effluent to a wastewater system approved under this
Section when the owner has provided a showing that a
malfunctioning system cannot otherwise be repaired by
connection to a system approved under this Section or to a
system approved under the rules of the Environmental
Management Commission. Pumping and hauling wastewater
effluent shall be performed by a septage management firm
permitted in accordance with G.S. 130A-291.1.
(c) Incinerating, composting, vault privies, and mechanical
toilets shall be approved by the state agency or local health
department only when all of the wastewater is handled by a
system approved under this Section.
(d) Sewage recycling systems which discharge treated
waste-water meeting the state drinking water standards may be
used only for toilet flushing and recycled sewage shall not be
used for body contact or human consumption. Such systems
must be approved by the state or local health department.
(e) Chemical or portable toilets for human waste may be
approved in accordance with G.S. 130A-335. Chemical or
portable toilets shall have a watertight waste receptacle
constructed of nonabsorbent, acid resistant, noncorrosive
material.
History Note; Authority G.S. 89C; 89E; 89F; 90A; 130A-
335;
Eff. July 1, 1982;
Amended Eff. August 1, 1991; January 1, 1990;
Temporary Amendment Eff. January 20, 1997;
Amended Elf. Aug ust L 1998.
TITLE 17 - DEPARTMENT OF REVENUE
1579
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
CHAPTER 4 - LICENSE AND EXCISE TAX
DIVISION
SUBCHAPTER 4B - LICENSE TAXES
SECTION .0100 - GENERAL ADMINISTRATION
.0109 MAIL-ORDER BUSINESS
History Note: Authority G.S. 105-33: 105-262;
Eff. June 11. 1977:
Amended Eff. January 1. 1994;
Repealed iff. December 1. 1997.
SECTION .0200 - AMUSEMENTS: TRAVELING
THEATRICAL COMPANIES:
OUTDOOR THEATRES
.0203 PART TIME
History Note: Authority G.S. 105-36.1: 105-262:
Eff. Februan.- 1. 1976:
Amended Eff. October 30. 1981;
Repealed Eff. December 1. 1997.
SECTION .0300 - AMUSEMENTS NOT
OTHERWISE TAXED
1990.
SECTION .0600 - ATTORNEYS AT LAW
AND OTHER PROFESSIONALS
.0615 SUSPENSION OF PROFESSIONAL LICENSES
Superior coun judges have the authority under G.S.
105-4 1(g) to suspend the professional license of a person who
fails to pay the tax imposed by G.S. 105-41 .
History Note: Authority' G.S. 105-41; 105-262;
Eff. Februar\- 1. 1976;
Amended Eff. August 1. 1998.
SECTION .0900 - COLLECTING AGENCIES
.0901 ELECTRICITY BILLS
.0902 MAIL COLLECTION
History Note: Authority G.S. 105-45; 105-262;
Eff. February 1. 1976;
Amended Eff. October 30. 1981;
Repealed Eff. December 1. 1997.
SECTION .1300 - PEDDLERS
.1302 ICES
.0308 DRAG STRIPS
A drag strip operation for which an admission is charged to
the spectators is subject to liability under G.S. 105-37.1. The
license fee under this Section is treated as an advance payment
upon the three percent gross receipts tax due on the admission
charges. Form B-205, Report of Gross Receipts Tax, is due
monthly, not later than the tenth of the month. When a drag
strip is operated where spectator fees are not charged, but a fee
is charged to the individuals for the use of the track for their
own entenainment the fees are not subject to the gross receipts
tax.
History Note: Authority G.S. 105-37.1; 105-262;
Eff. Februar\- 1. 1976:
Amended Eff. December L 1997; Januar\ 1. 1994; Julx 1.
1990.
.0309 GO-CART RACES
(a) A go-cart race for which an admission is charged to the
spectators is subject to the license and three percent gross
receipts tax imposed under G.S. 105-37.1.
(b) If a person operates a go-cart track where spectator fees
are not charged, but a fee is charged to individuals for the use
of the track for their own entenainment, the fees are not subject
to the gross receipts tax.
History Note: Authority G.S. 105-37.1: 105-262;
Eff. Februarx 1. 1976;
Amended Eff. December L 1997: Janiiar\- 1. 1994; July 1.
History Note: Authority G.S. 105-53; 105-262;
Eff. Februars- 1. 1976;
Repealed Eff. December 1 . 1997.
.1305 OTHER APPLICABLE LICENSES DUE
History Note: Authority G.S. 105-33; 105-53; 105-105;
105-262;
Eff. February 1. 1976;
Amended Eff. January 1. 1994; July 1. 1990; July I. 1988;
Repealed Elf. December 1. 1997.
.1306 PEDDLING BY FOOT VS PEDDLING BY
VEHICLE
History Note; Authority- G.S. 105-53; 105-262;
Eff. June 11. 1977;
Amended Eff. January 1. 1994;
Repealed Eff. December 1. 1997.
SECTION .1400 - CONTRACTORS AND
CONSTRUCTION COMPANIES
.1401 PROJECT LICENSE NOT PRORATED
.1402 DATE DUE
.1403 CEDED AREAS
.1404 BUILDING ON LAND OWNED BY BUILDER
.1405 AIR CONDITIONING
.1406 PAINTING CONTRACTOR
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1580
APPROVED RULES
.1407 ELEVATORS AND AUTOMATIC
SPRINKLERS
History Note: Authority G.S. 105-54; 105-262:
Eff. February 1, 1976:
Amended Eff. January 1. 1994; October 30, 1981;
Repealed Eff. December 1. 1997.
SECTION .1600 - DAY-CARE FACILITIES
.1601 NUMBER LICENSED BY BOARD
.1602 GO VERNTVIENTAL FACILITIES
History Note; Authority G.S. 105-60; 105-262:
Eff. February 1. 1976:
Amended Eff. Jul\ 1, 1990;
Repealed Eff December 1. 1997.
SECTION .1700 - HOTELS: MOTELS: TOURIST
COURTS: TOURIST HOMES:
CAMPGROUNDS: TRAILER PARKS
.1703 RESTAURANT LICENSE LIABILITY
.1704 YMCAORYWCA
.1705 SLIMMER CAMP
.1706 CmJRCH ASSEMBLY
History Note; Authority G.S. 105-61; 105-62; 105-102.5;
105-262;
Eff. Februar\- 1. 1976;
Amended Eff. July 1, 1990; October 30, 1981;
Repealed Eff December 1. 1997.
. 1709 HOTELS CHARGING AD^USSION TO
ENTERTAINMENT
History Note; Authority- G.S. 105-33; 105-37.1; 105-61;
105-262;
Eff. July 1. 1984;
Repealed Eff. December 1. 1997.
SECTION .1800 - RESTAURANTS
.1803 CAFETERIAS FOR EMPLOYEES
.1804 HOSPITALS
.1805 CLUBS: COMMERCIAL OPERATION
.1806 CLL^S: NONCOMMERCIAL OPERATION
History Note; Authority G.S. 105-62; 105-262;
Eff. February 1, 1976;
Amended Eff. October 30, 1981;
Repealed Eff December 1. 1997.
.1807 PREPARED FOOD
.1808 CHAIN STORE LICENSE FOR TAKE-OLT
OPERATION
.1809 OUTSIDE SEATING
.1810
CATERING SERVICE
History Note; Authority G.S. 105-62; 105-98; 105-262;
Eff. June 11, 1977;
Amended Eff. July 1, 1990;
Repealed Eff December 1. 1997.
{
.2002
SECTION .2000 - MUSIC MACHINES
COIN-OPERATED RADIO OR TELEVISION
History Note; Authority G.S. 105-65; 105-262;
Eff. February 1, 1976;
Repealed Eff December 1. 1997.
SECTION .2100 - MERCHANDISING DISPENSERS
AND WEIGHING MACHINES
.2113 EMPTY CUP
.2114 COFFEE AND HOT CHOCOLATE
History Note; Authoritx G.S. 105-65. 1; 105-102.5; 105-262;
Eff. February 1, 1976;
Amended Eff. July 1. 1990; July 1, 1979;
Repealed Eff December 1. 1997.
.2116 PHOTOSTAT AND PHOTOGRAPH
MACHINES
History Note: Authority G.S. 105-65.1; 105-102.5; 105-262;
Eff. February 1, 1976;
Amended Eff. July 1. 1990: July 1, 1979;
Repealed Eff. December 1, 1997.
.2117 DUAL PURPOSE VENDING MACHEVE
History Note: Authority G.S. 105-65.1; 105-102.5; 105-262;
Eff. June 11, 1977;
Amended Eff. Juh 1. 1990; July 1, 1979;
Repealed Eff December 1. 1997.
SECTION .2200 - BAGATELLE TABLES,
MERRY-GO-ROUNDS, ETC., AND
ELECTRONIC VIDEO GAMES
.2209 ELECTRONIC VIDEO GAMES
History Note: Authority G.S. 105-66.1; 105-262;
Eff. July 1. 1984;
Repealed Eff. December 1, 1997.
SECTION .2300 - PACKINGHOUSES
.2302 HAL\TNG OR QUARTERING ONLY
.2303 COLD STORAGE ROOM
History Note: Authorm- G.S. 105-70; 105-262;
1581
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
Eff. February 1, 1976:
Repealed Eff. December 1. 1997.
»
SECTION .2400 - PRESSING CLUBS: DRY
CLEANING PLANTS: AND HAT BLOCKERS
.2401 RUGS ONLY
.2402 CLEANING FURNITURE IN THE HOME
History Note: Authority G.S. 105-74: 105-262;
Eff. February 1. 1976:
Repealed Eff. December 1. 1997.
SECTION .3000 - LAUNDRIES
.3001 EDUCATIONAL INSTITUTIONS
.3002 RUGS ONLY
History Note: Authority G.S. 105-85: 105-262;
Eff. February 1. 1976:
Repealed Eff. December 1. 1997.
.3004 INDUSTRIAL RAGS AND WIPERS
History Note: Authority G.S. 105-85: 105-262;
Eff. February 1. 1976:
Repealed Eff December 1. 1997.
.3006 DIAPER SERVICES
History Note: Authority G.S. 105-85: 105-262;
Eff. February 1. 1976:
Amended Eff. January 1, 1994;
Repealed Eff. December 1. 1997.
Amended Eff. January 1. 1994;
Repeated Eff. December 1. 1997.
.3406 NO TRANSFER FEE FOR CITY-WIDE
LICENSE
.3407 FINANCE COMPANIES
.3408 SELF-SERVICE CAR WASH
History Note: Authority G.S. 105-89; 105-102.5; 105-262;
Eff. February 1, 1976;
Amended Eff. January 1, 1994; July 1. 1990: July 1, 1979;
Repealed Eff. December 1. 1997.
.3409 GROCERY STORE SALES OF AUTOMOTIVE
PRODUCTS
.3410 AUTOMOBILE AUCTION
.3411 CAR BROKERS
.3412 MOBILE SERVICE AND REPAIR
History Note: Authority G.S. 105-89; 105-262;
Eff. June 11. 1977;
Amended Eff. July 1. 1990;
Repealed Eff. December 1. 1997.
.3413 APPLYING FULL YEAR AND HALF-YEAR
LICENSE
.3414 GARAGE SELLING TO ANOTHER GARAGE
History Note: Authority G.S. 105-89; 105-262;
Eff. April I, 1986;
Amended Eff. July 1, 1990:
Repealed Eff. December 1. 1997.
SECTION .3500 - MOTORCYCLE DEALERS
SECTION .3100 - OUTDOOR ADVERTISING
.3101 ADVERTISING BY CANDIDATE FOR PUBLIC
OFFICE
.3102 SUPPLEMENTAL APPLICATION
History Note: Authority G.S. 105-86; 105-262;
Eff. February 1. 1976;
Repealed Eff December 1. 1997.
SECTION .3400 - AUTOMOBILE: WHOLESALE
SUPPLY DEALERS: AND SERVICE STATIONS
.3401 APPLICABILITY OF LICENSE TO
ANOTHER
.3402 PARKING FACILITIES
.3403 AUTO DEALER LICENSE COVERS OTHER
ACTIVITY
.3404 RECAPPING TIRES ONLY
' Histon Note: Authority G.S. 105-89; 105-262;
Eff. Februan 1. 1976;
.3501 MOTORS INSTALLED TO FRAMES: MO-PEDS
.3502 CHAIN STORE LICENSE
History Note: Authority G.S. 105-89.1; 105-102.5; 105-262;
Eff. February 1, 1976;
Amended Eff. October 30, 1981; June 1. 1979;
Repealed Eff. December 1. 1997.
SECTION .3600 - EMIGRANT AND EMPLOYMENT
AGENTS
.3601 LIABILITY FOR TWO LICENSES
.3602 AGENCIES PROVIDING TEMPORARY
WORKERS
History Note: Authority G.S. 105-90; 105-262;
Eff. February 1. 1976:
Repealed Eff. December 1. 1997.
SECTION .3700 - PLUMBERS: HEATING
CONTRACTORS: AND ELECTRICIANS
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1582
APPROVED RULES
.3702 ONE LICENSE COVERS ALL ACTIVITIES
LISTED
History Note: Authority G.S. 105-91 ; 105-262;
Eff. February L 1976:
Repealed Eff. December 1. 1997.
.3704 STRUCTURES SUPPORTING ELECTRICAL
FIXTURES
Histors- Note: Authority G.S. 105-91: 105-262;
Eff. June 11, 1977:
Amended Ejf. January- 1, 1994;
Repealed Eff. December 1. 1997.
SECTION .3900 - MANUFACTURERS OF ICE
CREAM
.3902 ICE CREAM DEFINED FOR TfflS SECTION
History Note: Authority G.S. 105-97; 105-262;
Eff. February 1, 1976:
Repealed Eff. December 1. 1997.
SECTION .4000 - BRANCH OR CHAIN STORES
.4001 ABC STORES
History Note: Authority G.S. 105-98; 105-262;
Eff. February 1, 1976;
Repealed Eff. December 1. 1997.
.4003 BEACH STAND OR STORE
.4004 COAL DEALER
.4005 EXEMPTION: WHOLESALE SALE
History Note: Authority G.S. 105-98; 105-262;
Eff. February 1, 1976;
Amended Eff. January 1. 1994; October 30, 1981;
Repealed Eff. December 1. 1997.
.4007 LEASED DEPARTMENTS
.4008 MEAT PACKINGHOUSES
.4009 PARTNERSHIP AND CORPORATION
.4010 REDEMPTION STORES
.4011 RESTAURANTS
.4012 UNDERTAKING
.4013 WAREHOUSE
.4014 VVTIOLESALE AND RETAIL SIMILAR IN
CHARACTER
History Note: Authority' G.S. 105-98; 105-262:
Eff. February 1, 1976;
Amended Eff. January' 1, 1994: July 1, 1984; June 11. 1977;
Repealed Eff December 1. 1997.
SECTION .4100 - WHOLESALE DISTRIBUTORS OF
.4101
.4102
MOTOR FUELS
SUPPLEMENTAL FORM
ACTING AS DISTRIBUTOR AND RETAILER
History Note: Authority G.S. 105-99; 105-262;
Eff. February 1, 1976;
Repealed Eff December 1. 1997.
SECTION .4300 - MANNER OF OBTAINING
LICENSES FROM SECRETARY OF REVENUE
.4301 APPLICATION FOR PRIVILEGE LICENSE
Form B-202, the preaddressed application for privilege
license, is mailed the early part of June to the address of the
preceding year's license. Form B-202A, the nonpreaddressed
application for privilege license, may be obtained either by
writing to North Carolina Department of Revenue, Business
License and Returns Unit, PC Box 25000, Raleigh, NC 27640,
or by contacting a branch office of the Department of Revenue.
Either form may be used in making an application for a
privilege license. Remittance of tax due must accompany any
application for license.
History Note: Authority G.S. 105-104; 105-262;
Eff. February 1. 1976;
Amended Eff. December L 1997; July 1, 1984.
SECTION .4500 - GENERAL BUSINESS
.4501 SMALL TWO-WHEEL VEHICLE
.4502 BOTTLER SELLING DRINK DISPENSERS
.4503 NOT SPECinCALLY MENTIONED
.4504 GOVERNMENT CAMPGROUNDS
.4505 COLLEGE UNION
.4506 PRISON CAMPS
.4507 VETERANS CLUBS
.4508 COMNHSSARY
.4509 MUNICIPALITY
.4510 FEDERAL GOVERNMENT
.4511 STATE GOVERNMENT
.4512 CREDIT UNIONS
.4513 SCHOOL LUNCHROOM
.4514 GOVERNMENTAL ACTIVrTY
.4515 NONPROFIT PRIVATE CLUBS
.4516 SHUFFLEBOARD, PINBALL AND BOWLING
MACHINES
.4517 SKI SLOPES: ICE SKATING AND ROLLER
RINKS
.4518 SEVERAL OPERATORS AT ONE LOCATION
.4519 FREE RECORD WITH PURCHASE OF
MERCHANDISE
.4520 FLASHLIGHT BATTERIES
History Note: Authority G.S. 105-102.5; 105-262;
Eff. February 1, 1976;
Amended Eff. October 30. 1981: Julx 1. 1979; June 11. 1977;
1583
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
17 XCAC 4B .4501 is Transferred
NCAC 4B .1102 Eff. Julx 1. 1990:
17 NCAC 4B .4502 is Transferred
NCAC 48 . 1202 Eff. Julx 1. 1990:
17 NCAC 48 .4503 is Transferred
NCAC 48 .1203 Eff. July 1. 1990:
17 NCAC 48 .4504 is Transferred
NCAC 48 . 1 708 Eff. July 1. 1990:
17 NCAC 48 .4505 is Transferred
NCAC 4B .1902 Eff. July 1. 1990:
17 NCAC 48 .4506 is Transferred
NCAC 48 .2602 Eff. July 1. 1990:
17 NCAC 48 .4507 is Transferred
NCAC 48 .2603 Eff. July 1. 1990:
17 NCAC 48 .4508 is Transferred
NCAC 48 .2604 Eff. July 1. 1990:
17 NCAC 48 .4509 is Transferred
NCAC 48 .2605 Eff. July 1. 1990:
17 NCAC 48 .4510 is Transferred
NCAC 48 .2108 Eff. July 1, 1990:
17 NCAC 48 .4511 is Transferred
NCAC 48 .21 10 Eff. July 1. 1990:
17 NCAC 48 .4512 is Transferred
NCAC 48 .2111 Eff. July 1. 1990.
17 NCAC 48 .4513 is Transferred
NCAC 48 .2112 Eff. July 1. 1990:
17 NCAC 48 .4514 is Transferred
NCAC 48 .2202 Eff. July 1. 1990:
17 NCAC 48 .4515 is Transferred
NCAC 48 .2203 Eff. July 1, 1990:
17 NCAC 48 .4516 is Transferred
NCAC 48 .2204 Eff. July 1. 1990:
17 NCAC 48 .4517 is Transferred
NCAC 48 .2205 Eff. July 1, 1990:
17 NCAC 48 .4518 is Transferred
NCAC 48 .2207 Eff. July 1, 1990:
17 NCAC 48 .4519 is Transferred
NCAC 48 .2801 Eff. July 1, 1990:
17 NCAC 48 .4520 is Transferred
NCAC 48 .2802 Eff. July 1, 1990:
Amended Eff. January 1, 1994: July
Repealed Eff. December 1. 1997.
.4521 SHORTWAVE RADIOS
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 17
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 17
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 17
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 1 7
and Recodified from 17
1. 1990:
SECTION .0400 - PULLMAN: SLEEPING:
CHAIR AND DINING CARS
.0403 FORM TO BE USED FOR HLING
History Note: Authority G.S. 105-117: 105-262:
Eff. Eebruary 1. 1976:
Amended Eff. January 1, 1994:
Repealed Eff. December 1. 1997.
SECTION .0500 - EXPRESS COMPANIES
.0503 FORM TO BE USED FOR nLING
History Note: Authority G.S. 105-118: 105-262:
Eff. Eebruary 1. 1976:
Amended Eff. January 1 , 1 994:
Repealed Eff December 1. 1997.
SUBCHAPTER 5C - CORPORATE INCOME TAX
SECTION .1800 - COMPUTING TAXABLE
PERCENTAGES ON DIVIDENDS
.1801
.1802
.1803
.1804
.1805
.1806
TAXABLE PERCENTAGES/DIVIDENDS
NO RETURN nUED IN YEAR ENDED
SEPTEMBER 30
TWO RETURNS nUED BY A
CORPORATION DURING TWELVE MONTH
PERIOD
CHANGE EN NAME OR IN STATE OF
INCORPORATION
AMENDED AND ADJUSTED RETURNS
MERGERS
History Note: Authority G.S. 105-130. 7: 105-262:
Eff. February 1, 1976:
Amended Eff. January 1. 1994: April 1. 1991;
Repealed Eff. December 1. 1997.
CHAPTER 7 - SALES AND USE TAX
SUBCHAPTER 7B - STATE SALES AND
USE TAX
History Note: Authority G.S. 105-102.5: 105-262:
Eff. June 11, 1977:
17 NCAC 48 .4521 is Transferred and Recodified from 17
NCAC 48 .2804 Eff. July 1. 1990:
Amended Eff. July 1, 1990:
Repealed Eff . December 1. 1997.
CHAPTER 5 - CORPORATE INCOME AND
FRANCHISE TAX DIVISION
SL^CHAPTER 5B - FRANCHISE TAX
SECTION .0100 - GENERAL PROVISIONS
.0117 PROPERTY TRANSFERS BETWEEN
DIVISIONS
Firms having divisions, both within and without North
Carolina, are liable for remitting the applicable rate of tax on
any purchases of tangible personal property for use in North
Carolina, including any property purchased outside North
Carolina and imported into North Carolina for use in this state.
No tax will be due with respect to those transfers of property
by an out-of-state firm to its North Carolina divisions for their
use when the property was originally purchased for use outside
12:16
NORTH CAROLINA REGISTER
Eebruary 16, 1998
1584
APPROVED RULES
this state by the out-of-state tirm and was in fact used by that
film outside this state for a substantial period of time.
History Note: Authority G.S. 105-164.6: 105-262:
Eff. February 1, 1976:
Amended Eff. December L 1997: October 1. 1993.
.0123 COMMERCIAL HSHERMEN AND THE
COMMERCIAL HSHERMAN'S
CERTinCATE
(a) A Commercial Fisherman's Certificate. Form E-558,
may be completed by a person who fishes commercially and
accepted by a retail or wholesale merchant as the merchant's
authority to sell to a commercial fisherman boats, fuel oil,
lubricating oils, machinery, equipment, nets, rigging, paints,
parts, accessories and supplies, such as paint brushes,
acetylene, oxygen, paint rollers, funnels, sanding discs,
welding rods, saw blades, drill bits, and similar property,
including foul weather gear, gloves and life vests, for use by
them principally in commercial fishing operations without
charging and remitting any sales or use tax thereon.
Commercial fishing operations is defined in G.S. 113-152.
Commercial fishing operations include charter boat and head
boat operators when they operate under a charter or as a head
boat taking f)eople fishing for hire, but does not include persons
principally taking fish for recreation or personal use or
consumption.
(b) To be exempt from sales or use tax under the provisions
of G.S. 105-164.13(9), the property must be of a t\pe named
therein and must be sold to persons for use by them principally
in commercial fishing operations.
(c) Each certificate shall be prepared in duplicate and a copy
retained by the commercial fisherman and by the merchant.
(d) The certificate may not be used to purchase food,
clothing, or other personal effects of commercial fishermen
other than foul weather gear, gloves, and life vests for use in
commercial fishing operations. Sales to commercial fishermen
of tableware, toothpaste, soap, or other personal effects of
commercial fishermen are subject to the four percent State tax
and any applicable local sales or use tax. Sales to commercial
fishermen of food are subject to State tax at the rate set in G.S.
105-164. 4(a)(5) and any applicable local sales tax.
(e) Persons who catch fish or other seafood for recreation or
their own use or consumption and not for sale are not eligible
to tise a Commercial Fisherman's Certificate. Sales of tangible
personal property to persons for use in taking marine mammals,
shellfish, crustaceans, and all other fishes for recreational or
personal use or consumption are subject to the four percent
state tax and any applicable local sales or use tax.
(f) Vendors that do not choose to use the Commercial
Fisherman's Certificate must maintain other evidence in writing
adequate to support the conclusion that such sales are exempt
from tax in accordance with the provisions of G.S. 105-
164.13(9).
History Note: Authority'
105-164.13: 105-262:
G.S. 105-164.4: 105-164.6:
Eff. July 5, 1980:
Amended Eff. .August L 1998: November 1, 1995: April 1.
1995: October 1. 1993: July 1, 1989.
SECTION .0400 - SPECIFIC INDUSTRIES
.0404 ELECTRIC POWER COMPANIES
( a) Sales of the following items of tangible personal property
to firms engaged in generating, producing or processing electric
power to be distributed to consumers are subject to the one
percent sales or use tax with a maximum tax of eighty dollars
(S80.00) per anicle:
(1) all production machinery and accessories thereto; all
machinery controls located within a power plant or a
plant substation; and control gates and control valves
located at the dam site for regulating flow of water to
turbines:
(2) control panel boards located within the powerhouse
and their connecting wiring;
(3) bus bars conducting electric current from generator
to powerhouse substation transformer;
(4) powerhouse pumping equipment for drainage;
(5) all pumping equipment for transferring transformer
oil from storage tank to powerhouse transformers, or
fuel oil to emergency generator motors;
(6) electric traveling cranes built into powerhouse
strucmres for handling turbines, generators and
transformers in making installations or repairs;
(7) distribution and power transformers; capacitors;
induction feeder voltage and constant current
regulators; de-ion gaps and expulsion type cutouts
for transformers: relays; oil switches; sectionalizing
switches; lightning arresters; arcing horns and gaps;
watt-hour and panel control meters but not testing or
laboratory equipment and meters; Current and
potential transformers used in metering equipment
are also included as machinery and accessories.
(b) Sales of the following iteins of tangible personal property
to electric power companies are subject to the four percent state
tax and any applicable local sales or use tax:
(1) materials for the construction, repair or maintenance
of powerhouses and powerhouse transformer
stations;
(2) materials for dams, penstocks, and canals; pipes or
ducts carrying water to turbines;
(3) all lines, wiring, poles, bracing, cross-arms,
insulators, or any other materials going into or
constituting a part of a power line structure used for
distribution of power or current;
(4) all storage tanks, including those located in or used
in connection with the powerhouse;
(5) all tools and maintenance equipment used separate
and apart from those items classified as production
machinery and equipment.
(c) The gross receipts derived by a utility from the sale of M
electricity are subject to State sales tax. The rate that applies ^
depends on the person to whom the electricity is sold and the
1585
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
purpose for which the electricity is used. Gross receipts
derived from sales of electricity to farmers, manufacturers,
laundries, and dry cleaners for one of the purposes described in
G.S. 105-164. 4(a)(lf) are subject to State sales tax at the rate
of 2.83 percent. All other gross receipts from sales of
electricity are subject to State sales tax at the rate of 3 percent.
The gross receipts upon which the tax is due is the total
amoimt for which electricity is sold, including any charges for
services that go into the production or delivery of the electricity
and that are a part of the sale valued in money, whether paid in
money or otherwise, and including any amount for which credit
is given to the purchaser by the seller without any deduction on
account of the cost of the electricity sold, the cost of materials
used, labor or service costs, interest charged, losses, or any
other expenses whatsoever. Therefore, all charges for tangible
personal property and services provided in the production and
delivery of electricity to customers are a part of the gross
receipts from the sale of electricity upon which the tax is due
notwithstanding that some charges may be billed separately to
the customers from the charge for the metered service.
The following list describes specific charges and states
whether the charges are taxable gross receipts:
(1) Electric service meter charges are a part of gross
receipts subject to sales tax.
(2) The basic service charges to the customer, whether or
not the customer uses metered service, are a part of
the gross receipts from the sale of electricity subject
to sales tax.
(3) Security deposit interest paid to customers on
deposits are not subject to sales tax.
(4) Conservation discounts on electric service metered
charges are exempt from sales tax when the discounts
reduce the amount the customer is billed for the
charges.
(5) Service charges made to customers when the
company first supplies electricity under any
applicable metered rate schedule are a part of gross
receipts from sales of electricity subject to sales tax.
(6) Construction charges to new customers for extending
a utility's facilities to these customers are a part of
the gross receipts from sales of electricity subject to
sales tax.
(7) Underground service charges to residential,
commercial, and industrial customers who are served
by underground facilities are a part of the gross
receipts from sales of electricity subject to sales tax.
(8) Temporary service charges for installing and
removing a service of a temporary nature are a part
of gross receipts from the sale of electricity subject
to sales tax.
(9) Advance payments for temporary service that are
collected prior to meter installation and customer
account establishment are a part of gross receipts
from the sale of electricity subject to sales tax. If the
amount charged to the customer is in excess of the
amount due by the customer for this service it shall
be refimded to the customer, including the sales tax.
(10) Charges for providing customers additional facilities
to furnish service are a pan of gross receipts from the
sale of electricity subject to sales tax notwithstanding
that the facilities are requested by the customers.
(11) Charges for transformers that constitute charges for
additional equipment furnished as a part of the
electric service are subject to sales tax.
(12) Charges for transformers under bona fide rental
agreements are subject to the four percent state tax
and any applicable local sales or use tax and the tax
on the rentals must be reported monthly on Sales and
Use Tax Report Form, E-500.
(13) Area lighting charges for area lighting service that is
available to customers for the purpose of lighting
private streets, private driveways, and other outdoor
areas by the means of mercury vapor or sodium
vapor units constitute receipts from the sale of
electricity subject to sales tax.
(14) Residential subdivision street lighting charges for
services supplied in the lighting of residential
dedicated public streets by means of mercury vapor
and sodium vapor lighting units are a part of gross
receipts from sales of electricity subject to sales tax.
(15) The amounts actually charged to customers for
electricity consumed for the billing period are the
amounts on which the sales tax is due and tax is to be
charged notwithstanding that the customers may be
under equal pay agreements.
(16) Charges for recoimecting service to customers after
service has been terminated for nonpayment are a
part of gross receipts from sales of electricity subject
to sales tax.
(17) Sales of electricity to manufacturing industries and
plants, laundries, dry cleaning plants, and fanners
are subject to sales tax.
(18) A utility must report receipts from sales of electricity
on an accrual basis. The receipts are to be reflected
on the Utilities and Municipalities Sales Tax Report,
Form E-500E.
(19) Load control discounts on electric service metered
charges for residential customers that reduce the
amoimt by which the customer is billed are not a part
of the sale of electricity on which sales tax is due.
(20) Charges to customers for supplying information
through energy or time pulses are not a part of the
sale of electricity subject to sales tax if the customer
already has the facilities for electric service in place.
(21) Demand profile charges or pulse data charges for
demand information as requested by a customer are
not a part of gross receipts from the sale of electricity
subject to sales tax.
(22) Energy audit amounts charged to customers for a
comprehensive energy audit provided by a utility are
not a part of gross receipts from sales of electricity
subject to sales tax.
(23) Late payment charges billed on a balance that was
not paid on the previous month's bill are not a part
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1586
APPROVED RULES
of gross receipts of sales of electricity subject to sales
tax.
(24) Return check charges for checks received by a utility
in payment of an account and returned by the bank
because of insufficient funds are not a pan of gross
receipts from the sale of electricity subject to sales
tax.
(25) Home energy loan amounts that represent the amount
due under The Help Loan Program are not a part of
gross receipts from the sale of electricity.
(26) Loan late payment charges for an amount due under
the loan program that is not paid in accordance with
the loan agreement are not gross receipts from the
sale of electricity subject to sales tax.
(27) Sales of electricity directly to the United States
Government or any agency thereof are not subject to
sales or use tax. In order to be a sale to the United
States Government, the government or agency
involved must make the purchase of electricity and
pay directly to the vendor the purchase price of the
electricity. While a utility's sales directly to the
United States Government or an agency thereof are
exempt from sales tax, a utility must obtain a
purchase requisition from each agency for its
records.
(28) Sales of electricity directly to the North Carolina
Department of Transportation or any division thereof
are not subject to sales or use tax. In order to be a
sale to the North Carolina Department of
Transportation, the Division involved must make the
purchase of electricity and pay directly to the vendor
the purchase price of the electricity. While a utility's
sales directly to the North Carolina Department of
Transportation or a division thereof are exempt from
sales tax, a utility must obtain a purchase requisition
from each division for its records.
(29) Sales of electricity to registered electric membership
cooperatives and to registered municipalities for
resale are exempt from sales tax when the sales are
supported by properly completed Certificates of
Resale, Form E-590. Electric membership
cooperatives and mimicipalities selling electricity
must add and collect sales tax on their gross receipts
from the sale of electricity. When paying the sales
tax imposed on electricity, a utility may take the
deduction allowed under G.S. 105-164. 21A.
(30) Accounts of purchasers representing taxable sales on
which sales tax has been paid that are found to be
worthless and are actually charged off for income tax
purposes may, at corresponding periods, be deducted
from gross sales. Any amount that is deducted and
subsequently collected must be added to gross sales.
(31) Local sales taxes do not apply to gross receipts
derived by a utility from sales of electricity. Local
sales taxes apph' to receipts from sales and leases of
tangible personal propert>- that are subject to the four
percent state rate of tax.
History Note: Authority G.S. 105-164.3; 105-164.4;
105-164.6; 105-164.21A; 105-262;
EJf. February 1, 1976;
Amended Eff. Aug ust L 1998; October 1, 1993; October 1.
1991; June 1. 1985.
SECTION .1100 - SALES OF BULK TOBACCO
BARNS: FARM MACHINES AND MACHINERY
.1123 CERTAIN SALES TO COMMERCLVL ANIMAL
FARMERS
For the purpose of this Rule, the word "animal" means
swine, cattle, horses, mules, sheep, chickens, turkeys, fish, and
other similar domestic animals held or produced for commercial
purposes. The word "commercial" means held or produced for
income or profit does not include the production of animals for
one's personal use or consumption and not for sale.
Commercial animal farmers, contractors performing contracts
with commercial animal farmers, and subcontractors
performing contracts with general contractors who contract
with commercial animal farmers may obtain a Commercial
Animal Farmer's Certificate, Form E-599S, from the Office
Services Division, Taxpayer Assistance Section, of the North
Carolina Department of Revenue, to be executed by them and
furnished to their vendors to establish the vendors' authority to
exempt purchases by them from sales and use taxes. If a Form
E-599S is properly executed, a vendor is relieved of liability
for any additional tax found to be due with reference to a sale
for which the vendor did not charge sales tax in reliance on the
certificate. By executing the certificate, the purchaser assumes
liability for any sales tax subsequently determined to be due.
The vendor is not protected in this manner without the
certificate. Vendors that do not choose to use the Commercial
Animal Farmer's Certificate must maintain other written
evidence adequate to support the conclusion that a sale is
exempt from tax in accordance with the provisions of G.S.
105-164. 13(4c).
History Note; Authority G.S. 105-164.4; 105-164.6; 105-
164.13; 105-262;
Eff. February 1. 1976;
Amended Eff. August L 1998; August 1, 1996; May 1, 1995;
October 1. 1993; June 1. 1992; February 1, 1988.
SECTION .1700 - SALES TO OR BY THE
STATE: COUNTIES: CITIES: AND OTHER
POLITICAL SUBDIVISIONS
.1703 SALES TO STATE OR LOCAL
GOVERNMENTS
Sales of food products and other tangible personal property
to the State of North Carolina or an agency of the State, other
than the Department of Transportation, for use and not for
resale are subject to applicable State and local sales and use
taxes. Sales to the Department of Transportation are exempt
from State and local sales and use taxes. Sales of good
products and other tangible personal property to a political
1587
NORTH CAROLINA REGISTER
February 16, 1998
12:16
APPROVED RULES
'
'
•
subdivision of the State for use and not for resale are subject to
applicable State and local sales and use ta,\es.
Histon Note: Authority G.S. 105-164.4; 105-164.6: 105-
164.13: 105-262:
Eff. February 1. 1976:
Amended Eff. Aug ust L 1998: October 1. 1993: October 1.
1991: Julx 5. 1980.
SECTION .2100 - ELECTRICITY: PIPED NATURAL
GAS: BOTTLED GAS: COAL: COKE: BUEL OIL:
OXYGEN: ACETYLENE: HYDROGEN:
LIQUEFIED PETROLEUM GAS AND
OTHER COMBUSTIBLES
.2101 ELECTRICITY, PIPED NATURAL GAS,
AND OTHER FUEL
(a) Sales of bottled gas, coal, coke, fuel oil, oxygen,
acetylene, hydrogen, liquefied petroleum gas, or other
combustibles to users or consumers are subject to the four
percent state tax and any applicable local rate of sales or use tax
except those sales exempt from tax under G.S. 105-164. 13 and
those sales subject to a lower rate of tax under G.S. 105-164.4.
The gross receipts derived by a utility from sales of electricity
and piped natural gas to users are subject to State tax. The tax
rate depends on the person to whom the electricity or piped
natural gas is sold and the purpose for which it will be used.
Gross receipts derived from sales of electricity or piped natural
gas to farmers, manufacturers, laundries, and dry cleaners for
one of the purposes described in G.S. 105-164. 4(a)( If) are
subject to State sales tax at the rate of 2.83 percent. All other
gross receipts from sales of electricity are subject to State sales
tax at the rate of 3 percent. The gross receipts derived by a
utility from sales of electricity and piped natural gas are not
subject to the local sales or use tax. The gross receipts derived
from the sale of electricity by a municipality whose only
wholesale supplier of electric power is a federal agency and
who is required by contract with that federal agency to make
payments in lieu of taxes are not subject to tax. Sales to a small
power production facility of fuel for use by the facility to
generate electricity are exempt from sales or use tax.
(b) The gross receipts derived by a utility from sales of
piped natural gas are subject to tax at the applicable rate. The
tax is to be added as a separate item to the charges for piped
natural gas. Gross receipts upon which the tax is due is the
total amount for which the piped natural gas is sold, including
any charges for services that go into the production or delivery
of the gas and that are a part of the sale valued in money,
whether paid in money or otherwise, and including any amount
for which credit is given to the purchaser by the seller without
any deduction on account of the cost of gas sold, the cost of
materials used, labor or service costs, interest charged, losses,
or any other expense whatsoever. Therefore, all charges for
tangible personal propeny and services provided in the
production and delivery of gas to the purchaser are a part of the
sale of piped natural gas upon which the tax is due
notwithstanding that some charges may be billed separately to
the customer for the metered service.
The following list describes specific charges for piped natural
gas and states whether the charges are taxable gross receipts;
(1) A utility must report receipts from sales of piped
natural gas on an accrual basis. The applicable tax
must be separately stated on the bill to each
customer. A sale by a utility of piped natural gas is
considered to accrue when the utility bills the
customer for the sale. The applicable tax is due on
gross receipts derived from the sale of piped natural
gas without any deduction for any franchise tax that
is due. The receipts must be reflected on the Utilities
and Municipalities Sales Tax Report, Form E-500E,
which is to be filed monthly on or before the date set
in G.S. 105-164. 16(c).
(2) Service charges to customers when the company first
supplies gas under any applicable rate schedule are a
part of gross receipts from sales of gas subject to tax.
(3) The amounts actually charged to customers for piped
natural gas consumed for the billing period are the
amounts on which the tax is due and tax is to be
charged notwithstanding that the customers may be
under equal pay agreements.
(4) Charges for reconnecting service to customers after
service has been terminated for nonpayment are a
part of gross receipts from sales of piped natural gas
subject to sales tax.
(5) Sales of piped natural gas to a manufacturer that
enters into or becomes an ingredient or component
part of the manufactured product are exempt from
sales tax.
(6) Sales of piped natural gas directly to the United
States Government or any agency thereof are not
subject to sales tax. In order to be a sale to the
United States Government, the Government or
agency involved must make the purchase of piped
natural gas and pay directly to the vendor the
purchase price of the piped natural gas. While a
utility's sales directly to the United States
Government or an agency thereof are exempt from
sales tax, a utility must obtain a purchase requisition
one time from each agency for its records.
(7) Sales of piped natural gas to registered utility
companies for resale are exempt from sales tax when
the sales are supported by properly completed
Certificates of Resale, Form E-590.
(8) Energy audit amounts charged to customers for a
comprehensive energy audit provided by a utility are
not a part of gross receipts from sales of piped
natural gas subject to sales tax.
(9) Late payment charges billed on a balance that was
not paid on the previous month's bill are not a part
of gross receipts of sales of piped natural gas subject
to sales tax.
(10) Return check charges for checks received by a utility
in payment of an account and returned by the bank
because of insufficient funds are not a part of gross
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1588
APPROVED RULES
receipts from the sale of piped natural gas subject to
sales tax.
(11) Accounts of purchasers representing taxable sales on
which the sales tax has been paid that are found to be
worthless and are actuall>' charged off for income tax
purposes may, at corresponding periods, be deducted
from gross sales. Any amount that is deducted and
subsequently collected must be added to gross sales.
(12) Local sales taxes do not apply to gross receipts
derived by a utility from sales of electricity. Local
sales taxes apply to receipts from sales and leases of
tangible personal property that are subject to the four
percent state rate of tax.
(c) Sales of fuel, other than electricity and piped natural gas,
for residential heating purposes are subject to the four percent
state tax and any applicable local sales or use tax. Sales of coal
in its original state are exempt from tax when the sales are
made by the producer, or the producer's agent, in the capacity
of a producer and the coal is delivered to the purchaser directly
from the mine.
History Note: Auihoriry G.S. 105-164.4; 105-164.6:
105-164.13: 105-164.16: 105-262:
Eff. Februarx 1, 1976:
Amended Eff. August L 1998: October 1. 1993: October 1.
1991: May 1. 1990: August 1, 1986.
SECTION .4000 - FERTILIZER: SEEDS:
FEED AND LNSECTICIDES
.4003 FEED, REMEDIES, VACCINES,
MEDICATIONS, AND LITTER .MATERIAL
FOR ANEVIALS
Sales of remedies, vaccines, medications, litter materials, and
feed for animals, including cattle, horses, mules, sheep,
chickens, turkeys, bees, and fish, held or produced for
commercial purposes are exempt from sales or use tax. The
terms "remedies" and "medications" mean all medicines in the
generally accepted sense of the term and also include tonics for
internal use, vitamins, ointments, liniments, antiseptics,
anesthetics, and other medicinal substances having preventive
and curative properties in the prevention, treatment, or cure of
disease in animals. The term "feed" includes dietary
supplements, such as minerals, oyster shells, salt, bone meal,
and other similar preparations or compounds, to be fed directly
or to be mixed with feed for animals for normal growth,
maintenance, lactation, or reproduction, but does not include
sand or grit. Retail sales of sand or grit for use in the
production of animals are subject to the four percent state tax
and any applicable local sales or use tax. Retail sales of
remedies, vaccines, medications, litter materials, and feed for
pets, such as birds, cats, and dogs, are subject to the four
percent state tax and any applicable local sales or use tax.
Histon,- Note: Authority G.S. 105-164.4: 105-164.13:
105-262:
Eff. February 1. 1976:
Amended Eff. August L 1998: October 1. 1993; October 1.
1991: May 1, 1990: May 11. 1979.
.4009 RIDLNG STABLES
A riding stable is considered a commercial enterpnse. Feed fl
for horses owned by or boarded at a riding stable is therefore
exempt from, sales and use tax. Charges by riding stables for
riding privileges are also exempt from the tax.
Histor\- Note: Authority G.S. 105-164.13: 105-262:
Eff. February 1, 1976:
Amended Eff. August 1. 1998.
TITLE 21 - OCCLTATIONAL LICENSING
BOARDS
CHAPTER 4 - CONLMISSION FOR AUCTIONTERS
SL^CHAPTER 4B
AUCTIONEER LICENSING
BOARD
SECTION .0200 - APPLICATION FOR LICENSE
.0202 HLING ANT) FEES
(a) Properly completed applications must be filed (received,
not postmarked) in the Board office at least seven days prior to
an established Board meeting date, or in the case of an
application for auctioneer examination, at least 10 days prior to
a scheduled examination and must be accompanied by all
required documents.
(b) License fees are as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(c)
New auctioneer license for an applicant who did not
serve an apprenticeship SI 75. 00
This includes a Sl(X).00 aimual license fee; S50.00
application fee; and S25.CX) examination fee.
New auctioneer license for an apprentice
auctioneer SI 25. 00
This includes a SlOO.OO aimual license fee; and
S25.00 examination fee.
Renewal of auctioneer license SlOO.OO
New apprentice auctioneer license SlOO.OO
This includes a S50.CKI license fee and a S50.00
application fee.
Renewal of apprentice auctioneer license
New auction firm license (no examination
S 50.00
S150.00
This includes a SlOO.OO annual license fee: and
S50.00 application fee.
New auction firm license (examination) S175.(X)
This includes a S100.(X) aimual license fee; S50.00
application fee; and S25.CX) examination fee.
Renewal of an auction firm license SlOO.OO
Application and processing fee for conversion of
non-resident reciprocal license to in-state
license S 25.00
Reinstatement of lapsed license fee S 25.00
Fees may be paid in the form of a cashier's check.
1589
NORTH CAROLINA REGISTER
Februan 16, 1998
12:16
RULES REVIEW COMMISSION
certified check or money order made payable to the North
Carolina Auctioneer Licensing Board. Checks drawn on
escrow or trust accounts shall not be accepted. Personal checks
may be accepted for payment of renewal fees.
History Note: Authority G.S. 85B-4. 1; 85B-6;
EJf. November 1, 1984;
Amended Eff. Mx L 1998: April 1, 1996; January 1, 1995;
April 1, 1989.
CHAPTER 16 - BOARD OF DENTAL EXAMINERS
SUBCHAPTER 161 - ANNUAL RENEWAL OF
DENTAL HYGIENIST LICENSE
.0002 CONTINUING EDUCATION REQUIRED
As a condition of license renewal, each dental hygienist must
complete a minimum of six clock hours of continuing education
each calendar year. Two of the six hours clock hours may be
acquired through home study courses. For home study course
hours to be counted towards this continuing education
requirement, the hygienist must successfully complete a test
following the course and obtain a certificate of completion.
Current certification in CPR is required in addition to the
mandatory continuing education hours.
History Note: Authority G. S. 90-225. 1 ;
Ejf. May 1, 1994;
Amended Eff. August 1. 1998.
SUBCHAPTER 16R - CONTINUING EDUCATION
REQUIREMENTS: DENTISTS
.0001 CONTINUING EDUCATION REQUIRED
As a condition of license renewal, every dentist must
complete a minimum of 15 clock hours of continuing education
each calendar year. Three of the 15 clock hours may be
acquired through home study courses. For home study courses
to be counted towards this continuing education requirement,
the dentist must successfully complete a test following the
course and obtain a certificate of completion. Current
certification in CPR is required in addition to the mandatory
continuing education hours.
History Note: Authority G. S. 90-31 . 1 ;
Ejf. May 1, 1994;
Amended Eff. Aug ust 1. 1998.
12:16 NORTH CAROLINA REGISTER February 16, 1998 1590
RULES REVIEW COMMISSION
1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. February' 19. 1998.
10:00 a.m.. at 1307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners b\
Monday. February 16, 1998. m 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Revie^v
Conunission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at
least 24 hours prior to the meeting. ^^^
RULES REVIEW CONIMISSION MEMBERS
Appointed by Senate
Teresa L. Smallwood, Vice Chairman
Jim Funderburke
Vemice B. Howard
Philip O. Redwine
David Twiddy
Appointed by House
Paul Powell, Chairman
Anita White, T^ Vice Chairman
Mark Garside
Steve Rader
George Robinson
RULES REVIEW COMMISSION MEETING DATES
February 19, 1998
March 19, 1998
April 15, 1998
May 21, 1998
COMMERCE
RULES REVIEW OBJECTIONS
Community Assistance
4 NCAC 19L .0401 - General
Agency Revised Rule
4 NCAC 19L .0404 - Grant Category Allocation
Agency Revised Rule
4 NCAC 19L .0505 - Selection Catena
Agency Revised Rule
4 NCAC 19L .0707 - Eligibility Requirements
Agency Revised Rule
4 NCAC 19L .0708 - Selection Criteria
Agency Revised Rule
4 NCAC 19L .0911 - Recordkeeping
Agency Revised Rule
4 NCAC 19L .1009 - Housing Rehabilitation
Agency Revised Rule
4 NCAC 19L .1011 - Lead-Based Paint
Agency Revised Rule
4 NCAC 19L . 1303 - Selection Criteria
Agency Revised Rule
4 NCAC 19L .1703 - Selection Criteria
Agency Revised Rule
4 NCAC 19L . 1804 - Size of Loan Approvals
Agency Revised Rule
4 NCAC 19L .1805 - Selection Criteria
Agency Revised Rule
COMMLWITY COLLEGES
23 NCAC lA .0001 - Definitions
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
11/20/97
12/18/97
01/15/98
1591
NORTH CAROLINA REGISTER
February 16, 1998
12:16
RULES REVIEW COMMISSION
23 SCAC 2D .0301 - Operating Budget Requests: Distribution of Funds
23 SCAC 2D .0327 - Reporting Student Membership Hours to the Department
RRC Objection
RRC Objection
01/15/98
01/15/98
E>rvmONMENT, HEALTH, AND NATURAL RESOURCES
Coastal Resources Commission
ISA NCAC 7H .1104 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H .1304 - General Conditions
Agency Revised Rule
Agency Revised Rule
15A NCAC 7H .1404- General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H . 1504 - General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H .1704 - General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H .1804 - General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H .1904- General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H .2004 - General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7H .2104 - General Conditions
Agency Revised Rule
Agency Revised Rule
ISA NCAC 7M .0303 - Policy Statements
Agency Revised Rule
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
01/15/98
11/20/97
12/18/97
Environmental Management
ISA NCAC 2B .0232 - Neuse River Basin-Nut. Sen.
ISA NCAC 2B .0233 - Neuse River Basin: Nut. Sen
ISA NCAC 2B .0234 - Neuse River Basin-Nul. Sen.
ISA NCAC 2B .0235 - Neuse River Basin-Nut. Sen.
ISA NCAC 2B .0238 - Neuse River Basin-Nut. Sen.
0239 - Neuse River Basin: Nut. Sen
Waters Mgmt. Strategy: Red.
Waters Mgmt. Strategy: Prot.
Waters Mgmt. Strategy: Waste Req.
Waters Mgmt. Strategy: Stormwaier
Waters Mgmt. Strategy: Nitrogen
Waters Mgmt. Strategy: Mgmt.
ISA NCAC 2B
ISA NCAC 2D . 1005 - Measurement and Enforcement
ISA NCAC 2L .0115 - Risk-Based Assmnt/Corr Action/Petro Underground Strge Tanks
No Response from Agency-
ISA NCAC 2N .0707 - Corrective Action Plan
No Response from Agency
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
12/18/97
01/15/98
12/18/97
01/15/98
•
Health Services
ISA NCAC 18A .2301
ISA NCAC 18A .2302
ISA NCAC 18A .2303
ISA NCAC 18A .2304
ISA NCAC 18A .2306
ISA NCAC 18A .2308
ISA NCAC ISA .2309
Scope of Delegated Authority
Eligibility for Delegation of Authority
Delegation of Authority-
Subsequent Authorizations
Continuing Education
Denial: Suspension and Revocation
Re-Authorization
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
01/15/98
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1592
RULES REVIEW COMMISSION
Marine Fisheries
15A NCAC 31 .0117 - Fishery Resource Gram Program
Soil and Water Conservation
75/4 NCAC 6E .0104 - Best Managemem Practices Eligible for Cost Share Paymems
Agency Responded
Agency Revised Rule
ISA NCAC 6E .0105 - Cost Share and Incentive Payments
Agency Responded
Agency Revised Rule
Water Pollution Controls Systems
ISA NCAC 8F .0203 - Duties and Requirements of an Operator in Charge
No Response from Agency
Agency Revised Rule
Agency Revised Rule
HUMAN RESOURCES
RRC Objection
Ol/lS/98
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
09/18/97
Obj. Cont'd
10/16/97
RRC Objection
11/20/97
Obj. Removed
12/18/97
Departmental Rules
10 NCAC IB .0S02 - Rate Setting Meth. /Facilities/Serve St. /cry. Special Assis. Res.
Facility Services
lONCAC 3D .091S -
10 NCAC 3D .0916-
10 NCAC 3D .0925 -
lONCAC 3D .1202-
lONCAC 3D .1203 -
10 NCAC 3D .1301 -
10 NCAC 3D .1302 -
10 NCAC 3D .1401 -
lONCAC 3D .1403 -
10 NCAC 3R .3073 -
Agency Revised
lONCAC 3R .3074-
Agency Revised
lONCAC 3R. 3081 -
Agency Revised
Ambulance Lettering: Markings: Symbols and Emblems
General Ambulance Requirements
Infectious Disease
Criteria for Certified EMT Instructor
Educational Programs
Certification Requirements : Ambulance Attendant
Certification Requirements: Emergency Medical Technician
License, Permit /Cert. Denial, Suspension, Amend. /Revocation
Application Procedures, Required Forms
Dem/Proj /Pediatric Nursing Care Need Deter. (Review Cat. G)
Rule
Home Health Agcy Off. Need Determination (Review Cat. F)
Rule
Policies for Inpatient Rehabilitation Services
Rule
PUBLIC INSTRUCTION
16 NCAC 6C .0307 - Certificate Renewal
No Response from Agency
Agency Revised Rule
16 NCAC 6D .0103 - Graduation Requirements
No Response from Agency
Agency Revised Rule
16 NCAC 6D .0301 - Testing Requirements and Opportunities
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0305 - End-of-Course Tests
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0306 - Testing Code of Ethics
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0307 - Assistance Teams
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
01/15/98
RRC Objection
11/20/97
Obj. Removed
12/18/97
RRC Objection
11/20/97
Obj. Removed
12/18/97
RRC Objection
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
1593
NORTH CAROLINA REGISTER
February 16, 1998
12:16
RULES REVIEW COMMISSION
)
No Response from Agency
Agency Revised Rule
16 NCAC 6G .0308 - Due Process Protections
No Response from Agency
Agency Revised Rule
SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
21 NCAC 64 .1002 - General Requirements
No Response from Agency
Agency Revised Rule
21 NCAC 64 . 1004 - Authorized Tasks of Speech-Language Pathology Assistants
No Response from Agency
Agency Revised Rule
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
10/16/97
Obj. Cont'd
11/20/97
Obj. Removed
12/18/97
RRC Objection
11/20/97
Obj. Cont'd
12/18/97
Obj. Removed
01/15/98
RRC Objection
11/20/97
Obj. Cont'd
12/18/97
Obj. Removed
01/15/98
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1594
CONTESTED CASE DECISIONS
1 his Section contains the full text of some of the nwre significant Administrati\e Law Judge decisions along ^^tth an index
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office
of Administrative Hearings. i919i 733-2698.
OFTICE OF ADMINISTRATIVE HEARINGS
Chief .Administrative Law Judge
JULIAN MANN, III
Senior .Administrative Imw Judge
FRED G. MORRISON JR.
ADMINISTHA LIVE EA U JUDGES
Brenda B. Becton
Sammie Chess Jr.
Beecher R. Gra\
Meg Scott Phipps
Roben Roosevelt Reilly Jr.
Dolores 0. Smith
AGENCY
ADMIMSTR.ATION
E Edward Gambill v Deparimeni of .Adminisirauon
Triangle CAD Soluiions, Inc. v. Div r\irchase and Conrraci. EHNR
Henry Bryon Brewer v NC Commission of Indian .Affairs
ALCOHOLIC BE\T:R.AGE control CONCVnSSION
Michaels Mini Man v .Alcoholic Beverage Conirol Commission
Everelle Craig Hornbuckle v. Alcoholic Beverage Control Commission
Saleh Ahmed .All Futhah \ .Alcoholic Beverage Control Commission
Carolyn T Ray v .Alcoholic Beverage Control Commission
.Alcoholic Beverage Control Commission v Fast Fare. Inc
Alcoholic Beverage Control Commission v Mendoza Enterprises. Inc.
Paul Tyler FV' Enterprises, Inc . .Alpha Vinson T .A .Mirrors tSid's
Showgirls) V .Alcoholic Beverage Control Commission
and
City of Goldsboro
and
Gurnan Khera
George Robert Scott v .Alcoholic Beverage Control Commission
Nasar Sader v .Alcoholic Beverage Control Commission
.Alcoholic Beverage Control Commission v Paradise Landing. Inc
OFFISS. Inc V .Alcoholic Beverage Control Commission
.Alcoholic Beverage Control Commission v. Fast Fare. Inc. No i'b
■Alcoholic Beverage Control Commission v .Aliaf Hussain
.Alcoholic Beverage Control Commission v. Robert Johnson
.Alcoholic Beverage Control Commission v Masonboro Counts Store. Inc
Daniel Gary Ledbeiier v. .Alcoholic Beverage Control Commission
.Alcoholic Beverage Control Comm. v. Raymond Lee
.Alcoholic Beverage Control Comm. v. Percy Daniel Bowen
Alcoholic Beverage Control Commission v Bndgette Dee Williams
•Alcoholic Beverage Control Commission v. Westside Tavern. Inc
.Alcoholic Beverage Conirol Commission v. Grove Park Inn Resort. Inc.
Sunset Enterprises. Inc, v .Alcoholic Beverage Control Commission
.Alcoholic Beverage Control Commission v 6 Twelve Corporation
.Alcoholic Beverage Control Commission v. Kimberly Loeue Hankms
Alcoholic Bev. Ctl. Comm. v. Monterrey Mex. Rest of Greensboro. Inc.
.Alcoholic Beverage Control Commission v. James Martini
Momhammed H Darwish & Hazeem M Eldara v, .Alcoholic Bev Ctl Comm
CORRECTION
Da\ id M. Boone v Correction. Dn of Prison .Admin Reniedv Procedure
CASE
DATE OF
Pl"BLISHED DECISION
NT-MBER
AU
DECISION
REGISTER CIT.ATION
9" DOA 0364
Reillv
09 10 97
97 DOA 06^0
Reillv
12 19 97
97 DOA 0959
Gray
12 1797
9: .ABC 1601
Grav
08 18 97
93 .ABC 0987
Grav
08 18 97
94 .ABC 0;ol
Grav
08 18 97
95 .ABC 0429
Grav
09 23 97
96 .ABC 0483
Morrison
06 18 97
96 .ABC 1196
Grav
08 26 9"'
96 .ABC 1804
Morrison
09 29 97
96 .ABC 1995
Reillv
12 05 97
97 .ABC 0030
Phipps
10 08 9-'
97 .ABC 003 1
Grav
06 13 97
9^ .ABC 01 18
Grav
09 n97
97 .ABC 019^
Morrison
01 15 98
97 .ABC 03 12
Mann
0- 29 9-
9^ .ABC 0321
Grav
08 25 97
'i" .ABC 0432
Reillv
09 09 97
9" .\BC 0443
Grav
07 08 9^
9' .ABC 0488
Smith
10 30 9"
9- .\BC 0495
Morrison
09 24 9"
'^- .ABC 05"P
Phipps
09 04 9-
-^^ .ABC 0586
Phipps
09 17 9-
9- .ABC 0-06
Morrison
09 15 9-
12:0- NCR 609
■J" -ABC 084p
Grav
12 10 9-
■^^ .ABC 0895
Reillv
12 16 97
9" .ABC 0S9-
Grav
10 06 97
«" .ABC 0905
.Morrison
01 15 98
1- .ABC 1036
Grav
12 3! 9^
■J" .ABC 1429
Smith
12 31 97
9- DOC 0534
Morrison
06 16 9-
1595
NORTH CAROLINA REGISTER
Febman,- 16, 1998
12:16
CONTESTED CASE DECISIONS
AGENCY
CRIME CONTROL AND PUBLIC SAFETY
Delia Sherrod v Crime Victims Compensation Commission
Mary A. Kearney v. CPS, Victims Compensation Commission
Mae Allen Murray v. Crime Victims Compensation Commission
Beverly McLaughlin v. Crime Victims Compensation Commission
Malcolm W. Fields v Crime Victims Compensation Commission
Rodney P. Hodge v. Crime Victims Compensation Commission
Billy Steen v. Crime Victims Compensation Commission
Clifford R. Pulley v. Crime Victims Compensation Commission
Curtis Jermaine Newkirk v. Crime Victims Compensation Commission
Huston Christopher Mason v. Victims Compensation Commission
Gregory Bynum v. Crime Victims Compensation Commission
Michaela Dionne Brewingion v. Crime Victims Compensation Commission
Lisa S- Snead v. Crime Victims Compensation Commission
Robert L. Welty, n v. Crime Victims Compensation Commission
Robert T. Blakeney v. Office of Administrative Hearings
Connie Cowan v. Crime Victims Compensation Commission
Linda Atkinson v. Crime Victims Compensation Commission
ECONOMIC AND COMMUNITY DEVELOPMENT
Leon McNair v, NC Industrial Commission
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Herbert C. Avery v. Environment. Health, and Natural Resources
Linda Collie v. Lenoir County Health Department
Leroy Anderson v. County of Moore Department of Health
EH. Garner v. New Hanover Health Department
Peter D. McDowell. Sr. v. New Hanover Health Department
Dowell Gray v. Deparimem of Environment and Natural Resources
and
Onslow County Department of Health
Riggings Homeowners Assoc. Inc. v. Environment. Health, Si. Natural Res.
John Ronald Taylor v. Environment. Health, & Natural Resources
Rick Parker v. Pitt County Health Dept./Mr Ernie Nichols
James R. Melvin v. Environment and Natural Resources
Lee A. Riggs v. Craven County Health Department
Tommy Anthony Swangin v. Depi. of Environment &. Natural Resources
Robert E. Cahoon v. Carteret County Health Department
John Martin v. Environment. Health, and Natural Resources
John Martin v. Environment. Health, and Natural Resources
Jack R. Whitmore v, Dept. of Environment & Natural Resources
Rachel S. Tugwell v. Environment, Health and Natural Resources
Joanne B. Huff v. Dept. of Environment and Natural Resources
Alphasine Cheryl Barfield v EHNR. Div Environmental Healtli
Gilbert T. Davis. Jr v Forsyth County Environmental Affairs Dept
Selby Franklin Brown v. Wayne County Environmental Health
Coastal Management
Glenn Sasser v Division of Coastal Management
Environmental Management
Craig King Farms v EHNR. Environmental Management Commission
Henry G Dail. Dail Brothers v. EHNR. Environmental Management
Land Resources
James H Lowdermilk & J. Wayne Lowdermilk v. EHNR. Land Res
Charles G Smith v EHNR. Division of Land Resources
Henry Yancey Ingram, n & Hope Fanning Ingram v. EHNR, Land Res
Marine Fisheries
William B Tate v Division of Marine Fisheries
John A. Trahan v. EHNR. Division of Marine Fisheries
Hassell B. Lawrence. Sr . Gordon Lawrence. Bobby G, Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas.
1~ Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence, June Martin
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C, Lawrence, Hiram Gillikin. Louis Gray Thomas.
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
^assell B. Lawrence, Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin, Louis Gray Thomas,
Jr.. Faye Thomas. Mark Allen Gillikin, Millie Lawrence, June Martin
CASE
DATE OF
PUBLISHED DECISION
NUMBER
AU
DECISION
REGISTER CITATION
96 CPS 0300
Chess
07/18/97
96 CPS 2033
Becton
09/26/97
96 CPS 2110
Chess
10/31/97
97 CPS 0170
Phipps
08/29/97
97 CPS 0360
Chess
09/12/97
97 CPS 0449
Reilly
07/01/97
97 CPS 0472
Morrison
07/23/97
97 CPS 0523
Gray
08/06/97
97 CPS 0645
Morrison
10/03/97
97 CPS 0691
Becton
12/04/97
97 CPS 0901
Reilly
10/16/97
97 CPS 0992
Mann
12/23/97
97 CPS 1025
Reilly
11/10/97
97 CPS 1073
Gray
01/20/98
97 CPS 1187
Becton
11/07/97
97 CPS 1214
Becton
12/03/97
97 CPS 1389
Becton
12/31/97
97 COM 1549
Gray
01/09/98
96EHR0161
Chess
09/23/97
96 EHR 0264
Becton
07/16/97
96EHR 1969
Morrison
07/15/97
12:03 NCR 223
96 EHR 1972
Gray
08/07/97
96 EHR 2075
Gray
08/07/97
97 EHR 0195*^
Gray
12/01/97
12:13 NCR 1222
97 EHR 0263
Reilly
08/13/97
97 EHR 0275
Reilly
06/09/97
97 EHR 0470
Phipps
07/01/97
97 EHR 0682
Phipps
09/23/97
97 EHR 0851
Becton
10/02/97
97 EHR 0875
Smith
12/15/97
97 EHR 0878
Becton
09/30/97
97 EHR 0993*-'
Phipps
10/13/97
97 EHR 0994*-'
Phipps
10/13/97
97 EHR 1039
Mann
12/17/97
97 EHR 1086
Becton
12/03/97
97 EHR 1149
Reilly
I2«)/97
97EHRI22I
Morrison
01/28/98
97 EHR 1281
Smith
11/10/97
97 EHR 1534
Smith
01/21/98
97 EHR 0763
Gray
12/31/97
96 EHR 0609
Gray
01/14/98
96 EHR 2104
Gray
08/27/97
96 EHR 0745
Gray
10/30/97
96 EHR 0855
Gray
10/30/97
96 EHR 0908
Gray
10/30/97
96 EHR 1922
Becton
12/16/97
97 EHR 0400
Chess
10/30/97
97 EHR 0917*"
Morrison
12/30/97
97 EHR 0927*'° Morrison
97 EHR 0928*" Morrison
97 EHR 0929*" Morrison
12/30/97
12/30/97
12/30/97
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1596
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Hassell B- Lawrence. Sr,, Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C- Lawrence. Hiram Gillikin. Louis Gray Thomas,
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B. Lawrence, Sr., Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas,
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B, Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin, Norman
W. Gillikin, Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas,
Jr., Faye Thomas, Mark Allen Gillikin, Millie Lawrence, June Martin
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G, Gillikin. Norman
W. Gillikin, Oliver C. Lawrence, Hiram Gillikin. Louis Gray Thomas.
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas.
Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin
Hassell B, Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman
W, Gillikin, Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas,
Jr.. Faye Thomas, Mark Allen Gillikin, Millie Lawrence, June Martin
Hassell B Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas,
Jr., Faye Thomas, Mark Allen Gillikin. Millie Lawrence. June Martin
Maternal and Child Health
Evan's Mini Mart v EHNR. Maternal & Child Health. Nutrition Svcs Sec,
Solid Waste Management
Loie J. Priddy v. Division of Solid Waste Management, EHNR
97 EHR 0935*" Morrison
97 EHR 0936*" Morrison
97 EHR 0961*'° Morrison
97 EHR 0962*" Morrison
97 EHR 0979*" Morrison
97 EHR 1038*" Morrison
97 EHR 1052*" Morrison
97 EHR 0599 Phipps
96 EHR 1838
Morrison
Mann
Chess
Smith
Smith
96 DHR 0535
Reilly
11/06/97
96DHR 1543
Chess
09/12/97
96 DHR 1925
Reilly
08/22/97
97 DHR 0286
Chess
07/23/97
97 DHR 0407
Reilly
08/08/97
97 DHR 0424
Morrison
09/22/97
Water Quality
Castle Hayne Steering Committee v EHNR, Division of Water Quality 96 EHR 1731
and
New Hanover County Water and Sewer District
RAYCO Utilities, Inc., Briarwood WWTP v. EHNR, Div of Water Quality 97 EHR 0018
RAYCO Utilities, Inc.. Greystone Forrest WWTP v. EHNR, Water Quality 97 EHR 0412
RAYCO Utilities, Inc., Melbille Heights MHP 97 EHR 0643*
and
RAYCO Utilities. Inc.. Penman Heights MHP v. EHNR. Water Quality
RAYCO Utilities, Inc., Melbille Heights MHP 97 EHR 0644*" Smith
and
RAYCO Utilities, Inc., Penman Heights MHP v. EHNR, Water Quality
HUMAN RESOURCES
Sampson Health Care Facilities Inc v. Dept. of Health & Human Services
John & Veronica Spearman v. Department of Human Resources
New Beginnings Christian Academy v. Department of Human Resources
Cindy G Geho v. Office of Administrative Hearings, R. Marcus Lodge
Helen Wyman v. Department of Human Resources
DeRothea G Williams d/b/a Dee Williams & Company, a proprietorship v.
Buncombe County Partnership for Children, Inc.. a NC Nonprofit Coit).;
NC Department of Human Resources [Division of Child Development];
NC Department of Environment, Health, and Natural Resources [Division
of Maternal and Child Health]
Lorraine M. Monroe v. Department of Human Resources
Linda Rouse Sharp v Department of Human Resources
Ocelee Gibson v. Department of Human Resources
Larry Patton v. Department of Human Resources
Rita Faircloth v. Department of Human Resources
HILCO V. Forsyth County Environmental Affairs Department
Division of Child Development
New Hanover Cty. Comm Action v DHR. Division of Child Development 97 DHR 0921
Cindy G. Geho v Human Resources. Division of Child Development
Division of Facility Services
Ava McKinney v DHR. Division of Facility Services
Mercy Egbuleonu v. DHR. Facility Svcs. Health Care Personnel Reg, Sec
Mercy Egbuleonu v Human Resources. Division of Facility Services
Kizzie Cooper v, DHR. Facility Svcs. Health Care Personnel Registry Sec
Maggie J Barnhill v DHR. Facility Svcs. Health Care Pers, Reg, Sec,
Emma Faison v DHR. Division of Facility Services
Eugene Donald Caldwell v DHR. Division of Facility Services
Patricia Addison v DHR. Facility Svcs. Health Care Personnel Reg, Sec,
Selena Louise Holley v, DHR. Facility Svcs. Health Care PersI, Reg Sec,
Shirley Ebron v. DHR. Facility Svcs. Health Care Pers, Reg, Sec
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
12/30/97
07/14/97
06/20/97
06/30/97
09/12/97
10/29/97
10/29/97
10/29/97
97 DHR 0540
Gray
10/30/97
97 DHR 0610
Mann
08/28/97
97 DHR 0658
Reilly
07/22/97
97 DHR 0829
Phipps
10/17/97
97 DHR 0900
Reilly
08/15/97
97 DHR 1454
Gray
12/19/97
97 DHR 0921
Phipps
09/10/97
97 DHR 0966
Phipps
08/29/97
96 DHR 2061
Chess
07/08/97
97 DHR 0172
Beclon
07/16/97
97 DHR 0450
Gray
09/02/97
97 DHR 0459
Phipps
06/09/97
97 DHR 0465
Gray
07/30/97
97 DHR 0471
Gray
07/15/97
97 DHR 0480
Gray
10/10/97
97 DHR 0521
Mann
07/25/97
97 DHR 0524
Phipps
08/28/97
97 DHR 0528
Gray
10/02/97
12:02 NCR 103
1597
NORTH CAROLINA REGISTER
February 16, 1998
12:16\
CONTESTED CASE DECISIONS
AGENCY
Carolyn Forbes v. DHR. Division of Facility Services
Sally Hutchins v. DHR, Division of Facility Services
Claudia K. Thomerson v DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Janice Ann McClinton v DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Michelle R. Griffin v. DHR, Facility Svcs, Health Care Pers Reg. Sec.
Deborah L. McBurnie v. DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Kelly M. Poole v. DHR, Facility Svcs, Health Care Pers Reg. Sec.
Debbie Williams v. DHR, Fac. Svcs., Health Care Pers Reg. Sec.
Therese Victoria Wilson v. DHR. Fac. Svcs, Health Care Pers Reg. Sec.
Notisha Utley v. DHR. Fac. Svcs, Health Care Pers Reg. Sec.
Helen T. Shokoti v. Human Resources, Division of Facility Services
Jeri L. Anderson v. Human Resources, Division of Facility Services
Susie A. Milsap v. DHR, Facility Svcs, Health Care Pers Reg Sec.
Glenda Christine Taylor v. DHR, Facility Svcs, Health Care Pers. Reg. Sec
Maple Heights Rest Home, Inc. v. DHR, Division of Facility Services
Lisa Bullard v DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Angela D. Johnson v. DHR, Facility Svcs, Health Care Pers Reg. Sec.
Mary Ann Allen v. DHR, Division of Facility Services
Cressie D Mears v. DHR, Division of Facility Services
Marie Emma Wimbush v. DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Himmeler Desvaneux v. DHR, Fac. Svcs, Health Care Pers. Reg. Sec.
Tamara Green v. DHR, Fac. Svcs, Health Care Pers. Reg. Sec.
Lachelle Tonya Braswell v. DHR. Division of Facility Services
Toni Washington v. DHR. Division of Facility Services
Lynn E. Thorpe v. DHR. Division of Facility Services
Sally Hutchins v. DHR, Division of Facility Services
Carolyn Forbes v. DHR, Division of Facility Services
Debra Burleson v. DHR, Division of Facility Services
Jean Rossman v. DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Michelle McMahan v. DHR, Division of Facility Services
Brenda Faye Harris v. DHR, Facility Svcs, Health Care Pers Reg. Sec.
Michelle McMahan v. DHR, Division of Facility Services
Lorena Barbour v. DHR, Facility Svcs, Health Care Pers Reg. Sec.
Angela Mae Whiled v. DHR, Division of Facility Services
Vitina Cockrane v DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Mary Susan McLean v. DHR. Fac Svcs. Health Care Pers Reg. Sec.
Doris J. Daniels v DHR, Fac. Svcs, Health Care Pers Reg. Sec.
Robin Leigh Robinson v. DHR, Facility Svcs, Health Care Pers. Reg. Sec.
Angela Lynn Barbour v. DHR, Facility Svcs. Health Care Pers. Reg. Sec.
Cenificale of Need Section
Carolina Imaging. Inc/Fayetteville v. DHR, Facility Svcs, Cert/Need Sec. 96 DHR 1570
and
Cumberland Cty Hospital System, Inc.. d/b/a Cape Fear Valley Med. Ctr
CASE
DATE OF
PUBLISHED DECISION
NUMBER
AU
DECISION
REGISTER CITATION
97 DHR 0532*"
Phipps
12/18/97
97 DHR 0547*"
Phipps
12/18/97
97 DHR 0551
Chess
07/15/97
97 DHR 0558
Creech
10/17/97
97 DHR 0559
Gray
07/30/97
97 DHR 0608
Chess
09/02/97
97 DHR 0629
Chess
09/02/97
97 DHR 0630
Gray
10/01/97
97 DHR 0632
Phipps
08/25/97
97 DHR 0646
Phipps
09/26/97
97 DHR 0653
Chess
08/20/97
97 DHR 0659
Gray
08/19/97
97 DHR 0667
Phipps
08/25/97
97 DHR 0681
Gray
08/29/97
97 DHR 0717
ReiUy
10/16/97
97 DHR 0721
Chess
10/09/97
97 DHR 0723
Chess
08/06/97
97 DHR 0739
Chess
01/13/98
97 DHR 0793
Chess
08/21/97
97 DHR 0797
Phipps
08/25/97
97 DHR 08 18
Gray
10/24/97
97 DHR 0824
Becton
09/29/97
97 DHR 0826
Morrison
12/17/97
97 DHR 0847
Phipps
12/10/97
97 DHR 0865
Chess
01/13/98
97 DHR 0871*"
Phipps
12/18/97
97 DHR 0899*"
Phipps
12/18/97
97 DHR 0904
Phipps
12/11/97
97 DHR 0908
Smith
09/02/97
97 DHR 0915*='
Mann
11/13/97
97 DHR 0938
Morrison
10/03/97
97 DHR 0960*='
Mann
11/13/97
97 DHR 0999
Phipps
09/11/97
97 DHR 1029
Becton
12/10/97
97 DHR 1066
Chess
10/15/97
97 DHR 1091
Morrison
10/21/97
97 DHR 1126
Gray
10/27/97
97 DHR 1169
Phipps
10/31/97
97 DHR 1458
Phipps
01/07/98
96 DHR 1570
Phipps
06/24/97
12:02 NCR 95
Group Licensure Section
Jeffreys Family Care #2 v. DHR. Facility Svcs. Group Licensure Section
Division of Medical Assistance
Dilladys Renee Stover v. DHR. Division of Medical Assistance
Bettye Parson/Tambra Parson v. DHR. Div. of Medical Assistance
Robert D. & Ronda M Staton v. DHR. Div. of Medical Assistance
97 DHR 0259
Mann
06/17/97
97 DHR 0560
Mann
09/16/97
97 DHR 0656
Becton
08/12/97
97 DHR 0660
Smith
09/05/97
Division of Social Services
Child Support Enforcement Seaion
Dale P. Sprinkle v. Guilford Child Support Agency. Human Resources
Steven Van Linker v. Department of Human Resources
Michael R. Bryant v. Department of Human Resources
David Lee Chamblee Jr. v. Department of Human Resources
John W. Scott v. Department of Human Resources
Michael T. Swann v. Department of Human Resources
Ted Wayne Lamb v. Department of Human Resources
Jeffrey Grainger v. Department of Human Resources
Tollie Woods v. Department of Human Resources
Fred Edward Stafford v. Department of Human Resources
Joseph R. Grooms Jr. v Department of Human Resources
David N. Jarrett v Department of Human Resources
Warren S. Olson v. Department of Human Resources
Stanley A. Watson v. Department of Human Resources
Michael A. Isom v Department of Human Resources
Rafael L Garcia v Department of Human Resources
Justin M. Woazeah. Sr v. Department of Human Resources
Johnny R Holden v. Department of Human Resources
96CRA 1171
Gray
08/13/97
96 CRA 1250*=
Becton
07/11/97
96 CRA 1252
Phipps
08/11/97
96 CRA 1281
Morrison
06/16/97
96 CRA 1287
Becton
10/09/97
96 CRA 1326
Chess
06/04/97
96 CRA 1359
Gray
07/10/97
96 CRA 1376
Reilly
08/14/97
96 CRA 1348*'
Morrison
08/04/97
96 CRA 1407*"
Reilly
08/21/97
96 CRA 1434
Phipps
11/18/97
96 CRA 1438
Morrison
07/10/97
96 CRA 1440
Phipps
09/09/97
96 CRA 1448*"
Reilly
08/21/97
96 CRA 1450
Becton
07/11/97
96 CRA 1451
Becton
09/11/97
96 CRA 1452*'
Chess
07/22/97
96 CRA 1463
Mann
10/16/97
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1598
CONTESTED CASE DECISIONS
AGENCY
CaUin F Mi/cllc v. Deparlmenl of Human Resources
Tommy Lcc Clark v, Deparlmenl of Human Resources
Andcr L Garfield v. Deparlmenl of Human Resources
Clarence O Rains v. Deparlmenl of Human Resources
Jeremy Baker v Deparlmenl of Human Resources
William T. Harris v Deparlmenl of Human Resources
Hal C. Morgan. Jr. v. Deparlmenl nf Human Resources
Paul S Cloningcr v Deparlmenl of Human Resources
Edward Sluleville v Deparlmenl of Human Resources
Tony Peierson. Jr v Deparlmenl of Human Resources
Lee G Sanders Jr, v Deparlmenl of Human Resources
David Fraizer V Deparlmenl of Human Resources
David Fraizer v Deparlmenl of Human Resources
David Hobson v Deparlmenl of Human Resources
Chrisiopher A Abney v Deparlmenl of Human Resources
John T Spidell V Deparlmenl of Human Resources
Robert M Siarling. Sr v Deparlmenl of Human Resources
Judson T Whitehursi v Deparlmenl of Human Resources
Craig Venson v Deparlmenl of Human Resources
David Scoll Jordan v Deparlmenl of Human Resources
Lee R. Jones v Deparlmenl of Human Resources
Rocky R Chaudhry v. Deparlmenl of Human Resources
Cecil Hall v Deparlmenl of Human Resources
Neil G- McGilberry v Deparlmenl of Human Resources
Gregory S Wolberi v Deparlmenl of Human Resources
William E Daley Jr v Wake Couniy Child Suppori Enforcemeni
Dennis Larson v Deparlmenl of Human Resources
Eric L Harrington v Department of Human Resources
Paul F Gangemi. Sr v Deparlmenl of Human Resources
Scoil M Rodriguez v Department of Human Resources
James Withers v Department of Human Resources
Evalina R Oxendine v Deparlmenl of Human Resources
Phillip R Banner v Deparlmenl of Human Resources
Brian K Norfleet v Craven County Child Suppori Office
Kenneth A Sayle v Department of Human Resources
Richard H Reisl v Deparlmenl of Human Resources
Lawrence Arthur Beebe v Department of Human Resources
Patrick Orlando Crump v Department of Human Resources
Ronald L Hadley v Deparlmenl of Human Resources
Garland M Jessup v Guilford Couniy Child Support Enforcemeni
Anthony Le.Mar III v Department of Human Resources
Michael A Norman v Deparlmenl of Human Resources
Walter Hawk v Deparlmenl of Human Resources
Kevin L Combs v, Deparlmenl of Human Resources
Johnny Lewis Fields v Department of Human Resources
Roger G Foster v Deparlmenl of Human Resources
Charlie T Smiih v Deparlmenl of Human Resources
Joseph Davis v Deparlmenl of Human Resources
Joseph Michael Eubanks v Deparlmenl of Human Resources
Vonzell Barker v Department of Human Resources
Charles F King v Deparlmenl of Human Resources
A C, Nash V Deparlmenl of Human Resources
Curtis Bristol Self v Deparlmenl of Human Resources
Ronald Alton Neal v Deparlmenl of Human Resources
Danny Ray Carr v Deparlmenl of Human Resources
Tony Hollingsworih v Deparlmenl of Human Resources
Kenneth A Ingle v Deparlmenl of Human Resources
Norman L Gaiewood v. Department of Human Resources
Lane Bolton v Deparlmenl of Human Resources
Monly G Cox v. Randolph Couniy Child Suppori Enforcement Agency
Steven Van Linker v. Deparlmenl of Human Resources
Barry Tukes Sr v C S E
Monly G Cox v Randolph Couniy Child Suppori Enforcement Agency
Harriet Tolson v Deparlmenl of Human Resources
John W Scott V Deparlmenl of Human Resources
Edgar C Lewis. Jr v Deparlmenl of Human Resources
Willie L Berry V Deparlmenl of Human Resources
Tony Orlando Sleele v Deparlmenl of Human Resources
Carl Locklear v. Deparlmenl of Human Resources
Tollie Woods v Department of Human Resources
CA.SK
D.\TE OF
NLMBER
AIJ
DECISION
% CRA 1476
Chess
07/07/97
96 CRA 1477
Phipps
08/13/97
96 CRA 1479»'
Morrison
07/15/97
96 CRA 1482
Reilly
08/21/97
96 CRA 1491 *•"
Smiih
09/05/97
96 CRA 1492
Mann
11/18/97
96 CRA 1500
Smiih
09/05/97
96 CRA 1502
Beclon
09/11/97
96 CRA 1507*"
Mann
08/13/97
96 CRA 1513
Gray
10/02/97
96 CRA 1515
Reilly
09/11/97
96CR.'ii 1519*"'
Chess
07/18/97
96 CRA I520»"'
Chess
07/18/97
96 CRA 1522*"
Phipps
07/24/97
96CR.A 1551
Reilly
12/08/97
96 CRA 1567
Smiih
09/05/97
96 CRA 1598»-'
Chess
11/03/97
96 CRA 1635
Phipps
01/13/98
96 CRA 1647
Morrison
12/03/97
96 CRA 1673
Reilly
07/18/97
96 CRA 1720*'
Phipps
07/10/97
96 CRA 1724
Morrison
12/17/97
96 CRA 1749*'
Mann
07/10/97
96 CRA 1767*'
Becion
07/15/97
96 CRA 1782
Mann
11/18/97
96 CRA 1789
Reilly
09/25/97
96 CRA 1793
Chess
06/17/97
96 CRA 1794
Mann
07/19/97
96 CRA 1 809
Gray
08/13/97
96 CRA 1818''
Gray
06/25/97
96 CRA 1820
Reilly
07/24/97
96 CRA 1825
Gray
09/10/97
96 CRA 1826*-'
Gray
09/24/97
96 CRA 1846
Phipps
10/02/97
96 CRA 1857
Gray
01/16/98
96 CRA 1859
Reilly
10/21/97
96 CRA 1863
Becion
12/16/97
96 CRA 1866*"
Gray
08/18/97
96 CRA 1892
Reilly
07/18/97
96 CRA 1898
Becion
07/11/97
96 CRA 1905
Smiih
09/05/97
96 CRA 1915
Gray
09/24/97
96 CRA 1943
Phipps
08/13/97
96 CRA 1948
Reilly
12/08/97
96 CRA 2085*"
Smilh
10/02/97
97 CRA 0043
Phipps
06/19/97
97 CRA 0280
Reilly
06/16/97
97 CRA 0436*"
Phipps
08/11/97
97 CRA 0477
Reilly
07/18/97
97 CRA 0620
Becion
08/12/97
97 CRA 0720
Reilly
07/30/97
97 CRA 0788
Gray
09 '10/97
97 CRA 0974
Mann
11/19/97
97 CRA 1020
Becion
10/23/97
97 CRA 1160
Reilly
12.08/97
97 CRA 1363
Gray
01/13/98
97 CRA 1714
Chess
09/25/97
96 CSE 0484
Chess
09/23/97
96CSE 1220
Reilly
08/21/97
96 CSE 1235*"'
Becion
08/12/97
96 CSE 1249* =
Becion
07/11/97
96 CSE 1277
Mann
07/01/97
96 CSE 1278*'"
Becion
08/12/97
96 CSE 1280
Reilly
08.'21/97
96 CSE 1286
Becion
10/09/97
96 CSE 1299
Mann
08/20/97
96 CSE 1319
Gray
06/25/97
96 CSE 1337
.Mann
06/30/97
96 CSE 1338
.Mann
07/07,'97
96 CSE 1340*"
.Morrison
08/04/97
Pl-BLISHED DECISION
RF:GISTER CITATION
Consolidated Cases.
1599
NORTH CAROLINA REGISTER
February 16, 1998
12:16
CONTESTED CASE DECISIONS
AGENCY
James Earl McLellan v Deparinient ot Human RcMiurces
Charles L Ra\ nor v Depariment ot Human Resources
Robert Walker v Intercept Tax Refunds
Chris M Wilson v Department of Human Resources
Fred Edward Stafford v Deparimenl of Human Resources
Richard K Blisard v Department of Human Resources
Stan!e> A Watson v Department o\' Human Resources
Justin M Woazeah, Sr V Department of Human Resources
William A Underbill \ Department of Human Resources
Almiron J Deis v Department of Human Resources
Jerem> Baker v Deparimeni of Human Resources
Alfred Clinton Springs v Department of Human Resources
Ander L Garfield v Department of Human Resources
UUsses Harris \ Nash County Child Support Oft'ice and Human Resources
Edward Siuieville v Deparimenl of Human Resources
Gerald A Jones v Department of Human Resources
David Hobson v Department of Human Resources
Gregory D Simpson v Deparimeni of Human Resources
Carl E Colfey v Department of Human Resources
Donald Ray Archie v Deparimeni of Human Resources
John? Spidell V Department of Human Resources
John W Lisermanv Deparimeni of Human Resources
John H Hale, Jr v Department of Human Resources
Vinceni L Martin v Deparimeni of Human Resources
Harlie Leonard Hardison v Department of Human Resources
.Alton Washington v DHR and Robeson County Child Support Enf Agcy
Robert M Starling. Sr v Department of Human Resources
David Fraizer v Deparimeni of Human Resources
Golel Hollowav . Jr v Department of Human Resources
Jeffrey Pierce v Deparimeni of Human Resources
Patrick Orlando Crump \ Department of Human Resources
Crystal Lvnn Manring-Roberison v Forssih County CSE. DSS & DHR
VV'illiam C Rivera v Department of Human Resources
David L Smith v DHR. DSS. CSE and Sampson County CSE
Lenora McCracken v Department of Human Resources
Donald Lee Rodgers Sr v Rowan County CSE, DHR. DSS. CSE
Derrick Siurdivani v Deparimeni of Human Resources
Clyde Williams v DHR. DSS. CSE. and Pitt County CSE
Lee R Jones v Department of Human Resources
Cecil Hall v Deparimeni of Human Resources
Gregory Mellon v Deparimeni of Human Resources
Neil G McGilberry v Department of Human Resources
DevinJ Hello V Deparimeni of Human Resources
Phillip R Banner v Department of Human Resources
Scon M Rodriguez V Department of Human Resources
James Withers v Deparimeni of Human Resources
David M Greene v Buncombe County CSE and DHR. DSS. CSE
Jarmarle .Arnold v Deparimeni of Human Resources
Sean Heiiz v Deparimeni of Human Resources
Nathan S Lockhari Sr v Deparimeni of Human Resources
Scon James Peirill v Department of Human Resources
Daniel E Carpenter v Deparimeni of Human Resources
Daniel D Morse v Department of Human Resources
Daryl E Shankle v Child Support Enforcemenl Agency
Jeffrey William Sirama v Deparimeni of Human Resources
Joseph Fernandez v Department of Human Resources
Johnny Lewis Fields v Department of Human Resources
Alfred Covington v DHR. DSS. CSE and Burke County CSE
Tommy L Hines Sr v Forsyth County Child Support Enforcement
Kelvin Cherry v DHR. DSS. CSE. Durham Ciy CSE and Wake Cty CSE
Irvan Jemal Fonienoi v Deparimeni of Human Resources
Pearlie Blakney v Deparimeni of Human Resources
Leroy Grooms v Department of Human Resources
Sarah Chambers v Department of Human Resources
Leroy Grooms v Deparimeni of Human Resources
Pedro Baltazar Jocobo v Department of Human Resources
Theodore McCleese v Department of Human Resources
Genru Jefferson Ward v Department of Human Resources
James .Allen Harris v Department of Human Resources
John C Henderson V Deparimeni of Human Resources
W'llliam A Rogers V Department of Human Resources
Mark R Kearney v Department of Human Resources
Michael J Powell v Deparimeni of Human Resources
Joseph Dav is v Department of Human Resources
CASE
l)A 1 K OK
NinVIBER
AU
DECISION
%CSE 1358
Mann
10/16/97
')^ CSE 1382
Becton
07/11/97
9b CSE 1384
Morrison
07/24/97
% CSE 1403
Morrison
09/25/97
9b CSE 140ti*'"
Reilly
08/21/97
9ti CSE 144h
Mann
10/22/97
9t>CSE 144')»"'
Reilly
08/21/97
% CSE 1453*''
Chess
07/22/97
% CSE 1455
Mann
07/18,''97
flh CSE 145(1
Gray
06/25/97
% CSE 14b0«-'"
Smith
09/05.'97
%CSE 1473
Reilly
08/21/97
flp CSE 1480*'
Morrison
07/ 15 '97
%CSE 1488
Becton
10/14/97
% CSE L508»"
Mann
08/13/97
%CSE 1512
Becton
09/11/97
%CSE 1521*"
Phipps
07/24/97
%CSE 1527
Reilly
06/25/97
%CSE 1528
Reilly
09/24/97
%CSE 1558
Becton
07/11/97
9b CSE 156(5
Smith
09/05/97
%CSE 1568
Becton
07/11/97
96 CSE 1573
Mann
10/22/97
96 CSE 1574
Gray
08/04/97
96 CSE 1578
Becton
08/25/97
96 CSE 1597
Becton
10/13/97
9e CSE 1605*'*
Chess
11/03/97
96 CSE IblO*'"
Chess
07/18/97
9b CSE 1611
Becton
07/11/97
96 CSE 1613
Mann
06/30/97
96 CSE 1614»^'
Gray
08/18/97
96 CSE 1619
Becton
10/13/97
96 CSE 1622
Mann
06/18/97
96 CSE 1639
Becton
10/13/97
96 CSE 1644
Mann
06/30/97
96 CSE 1667
Becton
10/13/97
96 CSE 1672
Chess
10/09/97
96 CSE 1688
Becton
10/13/97
96 CSE 1719*'
Phipps
07/10/97
96 CSE 1750*-
Mann
07/10/97
96 CSE 1764
Morrison
09/17/97
96 CSE 1766*''
Becton
07/15/97
96 CSE 1774
Phipps
07/16/97
96 CSE 1802*-'
Gray
09/24/97
96 CSE 1817*'
Gray
06/25/97
96 CSE 1821
Reilly
08/21/97
96 CSE 1844
Becton
10/06/97
96 CSE 1853
Becton
10/14/97
96 CSE 1909
Chess
07/22/97
96 CSE 1910
Phipps
07/16/97
96 CSE 1914
Morrison
07/30/97
96 CSE 1917*'"
Phipps
07/25/97
96 CSE 1942
Chess
08/19/97
96 CSE 1977
Becton
07/11/97
96 CSE 2043
Becton
07/11/97
96 CSE 2066
Chess
08/21/97
96 CSE 2084*-
Smith
10/02/97
96 CSE 2086
Becton
10/06/97
97 CSE 0015
Reilly
07/18/97
97 CSE 0027
Becton
10/13/97
97 CSE 0223
Becton
07/11/97
97 CSE 0254
Phipps
07/24/97
97 CSE 0258*"
Becton
07/18/97
97 CSE 0278
Morrison
06/16/97
97 CSE 0297*"
Becton
07/18/97
97 CSE 0339
Mann
10/22/97
97 CSE 0353
Morrison
08/05/97
97 CSE 0381
Chess
08/22/97
97 CSE 0401
Mann
10/16/97
97 CSE 0408
Smith
09/05/97
97 CSE 0410
Gray
06/25/97
97 CSE 0417
Reilly
08/07/97
97 CSE 0418
Becton
08/12/97
97 CSE 0435*'*
Phipps
08/11/97
PUBLISHKI) DECISION
RKCiLSTKRClTAnON
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1600
CONTESTED CASE DECISIONS
AGK.NC^
James G Davis v Dcparimcni of Human Resources
Randy Gavurnik v Dcparimcni of Human Resources
Cunis Leon Mock v. Department of Human Resources
Daniel E- Carpenter v Department of Human Resources
Juan L- Allen v. Department of Human Resources
Donald Mac Tipton v Department of Human Resources
Gu> R Auger v Brunswick County Child Support Enlbrccment
Andrew J Hough v Department of Human Resources
Michael V Dockery v Department of Human Resources
William Irving Commodore v Department of Human Resources
David F Norman v Department of Human Resources
Richmond P Lambert III v. Department of Human Resources
Carvin Ray Burns v Department of Human Resources
Mar F Jones v Department of Human Resources
Sharron S Chappcll v Department of Human Resources
Denis J Quinn v Department of Human Resources
Franklin DcAngclo Staten v Department of Human Resources
Roosevelt Alston v Department of Human Resources
Steve E Young v Department of Human Resources
James Alan Letchworlh v Department of Human Resources
Nathaniel D Carter v Department of Human Resources
Dennis W Glowers v Department of Human Resources
Tracy A Merrill v Department of Human Resources
Randy Shaw v Department of Human Resources
Daniel J McDowell v Department of Human Resources
Enrico Phineas Achcr v Department of Human Resources
Roger Waldren v Department of Human Resources
Randy Allen Vore v Department of Human Resources
Ramona G Garrett v Department of Human Resources
Alan M Greenberg v Department of Human Resources
Waller McNeil v Department of Human Resources
George J Kozykowski Jr v Department of Human Resources
Johnny Lee Barileti Jr v Department of Human Resources
Donald Monroe v Department of Human Resources
William F Driscoll v Department of Human Resources
Herherto Garcia v Department of Human Resources
Wayne Deross v Department of Human Resources
Kenneth B Smith v Department of Human Resources
David S McCullar v Department of Human Resources
Dennis McNeill v Department of Human Resources
David Hobson v Department of Human Resources
Jerry Whitley v Mecklenburg County Child Support Enforcement
Linda Wade-Hargrove v Department of Human Resources
Regina C Sullivan v Department of Human Resources
Ten Lynne Lanier v Department of Human Resources
Katrina T Johnson v Department of Human Resources
Clarisa Carter Watson v Department of Human Resources
Paulette Duggms Rtxigers v Department of Human Resources
INSURANCE
Joseph J Peacock '
Department of Insurance
JUSTICE
Barbara Carter Irons v DHR. DiMsion of Facilitv Services
Paul Harvey Taylor v Department of Justice, Company Police Program
Christopher Michael Lynn v Company Police Program
William G Fisher v Consumer Protection. Department of Justice
Imran Ramnanne v Department of Justice. Company Police Program
Alarm Systems licensing Board
Kim Brian Phelps v .Alarm Systems Licensing Board
Darnel Joseph Dunne. Ill v .Marm Systems Licensing Board
Education and Training Standards Division
Charles Thomas Ohnmacht. Jr v Criml. Justice Ed Training Stds, Comm
Jon Randolph O'DcU v Cnml. Ju.siice Ed Training Stds. Comm
James Haywood Mathews. Jr v Criml Justice Ed. Training Stds Cimim
Teresa D Wright v Sheriffs' Ed. & Traimiig Stds. Comm.
Christopher Lee \ Criminal Justice Ed & Training Standards Comm.
Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm
Edward Delano Hammock v Criminal Justice Ed i Training Sds Comm
Garfield Duncan Wlnuiker v Criminal Justice Ed. i Training Sids. Comm
Joseph Loniiie Wesson v Criminal Justice Ed. ^t Training Standards Comm si
Frank .Arlander Hearne v Cnml Justice Ed. tt Training Stds Comm
CA.SK
NIMHKR
\IJ
97 CSE 044X
Gray
97 CSE 0454
Morrison
97 CSE 0490
Mann
97 CSE 0501 •■-
Phipps
97 CSE 0550
Smith
97 CSE 0564
Gray
97 CSE 0600
Morrison
97 CSE 0615
Reilly
97 CSE 0642
Mann
97 CSE 0671
Mann
97 CSE 0672
Gray
97 CSE 0712
Morrison
97 CSE 0751
Becion
97 CSE 0777
Phipps
97 CSE 0789
Morrison
97 CSE 0794
Reilly
97 CSE 0822
Morrison
97 CSE 0874
Phipps
97 CSE 0876
Mann
97 CSE 0919
Reilly
97 CSE 0931
Smith
97 CSE 0944
Becton
97 CSE 0947
Phipps
97 CSE 0981
Gray
97 CSE 0984
Morrison
97 CSE 0990
Reilly
97 CSE 1042
Chess
97 CSE 1071
Mann
97 CSE 1108
Morrison
97 CSE 1311
Smith
97 CSE 1324
Becton
97 CSE 1397
Phipps
97 CSE 1398
Mann
97 CSE 1449
Gray
97 CSE 1469
Morrison
97 CSE 1477
Morrison
97 CSE 1500
Gray
97 CSE 1520
Becton
97 CSE 1546
Mann
97 CSE 1552
Reillv
97 CSE 1747*^^
Phipps
97 CSE 2037
Reilly
97 DCS 0365
Becion
97 DCS 0482
Becton
97 DCS 0738
Smith
97 DCS 0856
Becton
97 DCS 0909
Gray
97 DCS 1238
Smith
9(s INS 0433
Becton
97 DOJ 0669
Phipps
9'DOJ091h
Reillv
0-DOJ 1120
Chess
9^ DOJ 1 31X1
Mann
9-' DOJ 2071
Becton
96 DOJ 1785
Gray
97 DOJ 0868
Phipps
96 DOJ 0353
Phipps
9(1 DOJ 14b(s
Phipps
96 DOJ 195-
Reilly
9^ DOJ 0035
Morrison
9- DOJ 00-6
Morrison
9- DOJ 00 —
Phipps
9- DOJ 00-8
Grav
9- DOJ 0121
Phipps
9- DOJ 0130
Reillv
9^ DOJ 013-
Reilly
DATE OF
DECLSION
07 28 97
08 04 97
06.17 97
07 25 97
09 05 97
09 15 97
07.18 97
0821 97
10 03 97
10 03 97
07 28 97
10 06 97
09 11 97
08 28 97
12 04 97
09 24 97
11 06 97
01 14 98
12 04 97
12 08 97
09 25 97
09 1 1 97
11 1897
12 11 97
09 10 97
1 1 05 97
10 13 97
10 07 97
12 04 97
12 08 97
09 11 97
0113 98
02 03 98
02 02 98
02 02 98
02 02 98
02 02 98
02 02 98
01 12 98
02 02 98
07 24 97
08 21 97
07 II 97
07 18 97
09 05 97
09 24 97
10 02 97
12 08 97
07 25 97
08 2^ 9^
10 03 97
10 22 97
01 15 98
06 1 1 9-
08 08 97
09 12 97
06 13 9^
09 lh9-
07 31 97
01 08 98
06 19 97
08 2 1 9-
12 19 9-
1 1 04 0-
tiS 2o 'J-
Ob 10 0-
PI BLISHKD DECLSION
REGLSTKR CITATION
12 04 NCR 327
I2O0NCR 501
1601
NORTH CAROLINA REGISTER
February 16. 1998
12:16
n>Nn:sn:i> c\si: dicisioisis
I
ACftNCV
Au.lu\ M. Poii.iUI K...lKri^ \ Slwi ilK' I ,1 \ I i .himmk NnK (omm
(ui.ililS \Vin>'..ilc V Shriilts 1(1 A 1 1 .uiiiiik Nuls (0111111
Willi.iin M.iU oliii MiMii tiio V Slu I ills I'll .V li.tinin).' SitK ( <iiiiin
l>friiik W Hnwcns V ShriilK' I .lin .iimii .V Ii .1111111^: Ni.huI.iuK ( immiii
li»srph K.iv P.ivivv SlinilK' Itt .V li .iimnj'. SliK ("iMiim
Willi.iin W.iviu- Mi l>.t\M-ll V ShciiMs" I «lii. .iiion .V Ilmmiiik SuIs C. .111111
Km K.iiut*»lpli t '.it|iciiiri , li v ("i nil liisiu c I tl A li .iiniii^'. Suls ( oniiii
I.iMirs I .III Ivcu-ll V ('mil liiMnc It! X Iliuuiik Nitl"- < 'Miiiii
Alllllitll\ ICHHIIC l.u ksnil \ MiciilKliI .V li.i K ^I'l'- * '">iiiim
rrivate I'nUcitirr Serin r\ llininl
I'l i\ .lie I'mici tur Sti \ u fs llo.iul v riiillt|i I U.instiii
KoM.iltl AiiiIhmu ltt<t>t-t k V I'livjir rtnln livr Srivu rs Md.ikI
h>\f|>Ii I > WliiU" V Pi i\ .lU- rmict ii\ I- Sci vu rs Ho.iitl
1 1. II I \ A House V I'l iv.iir I'unct live Sci vurs IUmkI
r.ii I 1 1 11 Ml LIS W 1 1 Sim V 1*1 IV. lie I'l tilei live Sei vu <'s Un.iul
r.iin loius V I'l IV. lie I'loiei live .Sei \ u es lin.inl
li»liii .S|»ikes. 1 1 V I'l i\.ite I'mlei live .Sei vurs Ilo.iul
TMII U IN.SIKIK HON
NkIihI.is In Scheie. I>v Ins |».iieiiis. (JuitJes \ K.iiliy I mm tiele v ("i.iwii
( 'lUlMlV H<l.iul Itl I'tllU .llliHl
J.iy .iiul llis.ihelh Millei v I lemlei son ( 'imiilv I'lihlu S* Iiools
K.iieii I Ihil^^ei sen v I >e|t.ii iiiieiii o( riihlu Insiiiu luni
Meiuliih Kiikp.iliii k. hy liei p. 11 nil. Nns.ni Kirk|t.ili it k .iiul Meiuliili
Km k|).ili It. k . I ihI I VII III. illy v I eiioii ( 'oiiniy Uo.iul ol ) thit .iiion
Uii.in Allen llollin.iii v I lep.iilnienl til I'nblu liisii lu (ton
Alex.nulei iV: I iiul.i Itttuly tV ilien sun. I. lines Itituly v l>.iie ('tMiiiiy
rnbtu StliiM.ls
J. IV ,111(1 riis.ilu-lh Millei V llenileison ( iMiiily rnhlii S. luuiK
llientl.t Joyee Hiooks I ovely v .Si.tle Mo.iid ot I ihu .iiitin
John (i Sell. leiini. Ill v Si.ile Uo.iid ol Idm .iiion
Noun. Ill l> Cioiis V Si. lie Ho.iitl ol Itliit.iiion
I'.iiil W Itonli.ini V Sl.ile Ito.nil ol i-iliu.iiKHi. Depi ol I'mMm Immiiuiiom
I'leil W Ci.iwloul II V ('li.iilt>ile/Mei klnihniK ltt).iul ol I dut .iiion
W.ilu-i k llmnell v Si.iie Mo-iitl ol Idix .iihui
Inliiis () Wel>li V lleilltiKl CtKiiKy Ito.ntI ot IdiK.ilioii
Cli.ules heveilv Wlnlley v Si.iie Ht..ii,t ol liliu.iiion
II M.nvMiel Willeiis v I t4-p.11 inuni ol I'iiMk Insiiiitlion
K.iien ( 'l.nk < 'ei 1 .ilo v I )<'p.ii liiieni til I'nlilu liisii m tioii
( '.III .Siinlli Met in. in v .Si.ne Mo.iiil ol I' dut .ilion
( 'vnllii.i ( 'liislev V ( 'iiinlin l.iMil ( 'oiiniy Mi>.ii(l ol I tint .iiitui
riioni.is Jenkins (.Siiulenl). Merniih.i leiikins {I'.nentt v U.ilpli 1 ikr Ntintit
Ili^li. Wilson ("onnly rnhlu St I100I
( ASI
DAI 1 01
Nl'MDLK
.VLJ
DtClblON
'i; iK 11 (1 HIS
Ki iIIn
(17/ (1/'17
'>! 11( )l (11. 'S
C.l.l\
l(i/d'i;'i7
'17 IK II III HI
n„i.|.s
(l')/l(./'17
')7 IK II (K.dl
Siiiilli
dS/,")/'17
'W 11(11 (iM ;
(,l.l\
ld/d.'/'17
')/ IK II (IHI ;
Moi 1 IMIII
(IS/,','/'17
')/ IK II (I')/;
lllU.XI
l.''\|/'17
')/ IKII 1,'IS
(M.IV
(II /.'(./'IH
•I! IK II 1 l.'(.
I'll -
dl/d'l/'lS
•>(< 111)1 (I7'1S
SiiiKh
d(./ds/'l7
')/ l)()ll)17(.
Mm 1 [MHl
(l(i/.'(l/')7
<>i IK II ii;;.i
(ll.lV
ld/ll(./'l/
')/ 1 KM oj:i
rhipp'.
d'l/l 17')/
')! IK II ()')')(,
(Il.iv
l(l/(l(./')/
•17 IKII ll')-,
Kcillv
1 l/(ll/')7
'17 IK 11 1 1 ')(.
Krillv
1 l/dl/'i;
')(■ 1 IK ■ (l(.\S
M.ioii
(I'l/d.'/'i;
')(. I|1C(I7(.(.* '
I'liij'!'-
l.'/l W17
'K. IIK' (INdH
Sididi
(l^/.•//•l7
')(, 1 lie (l'17'l
( Ivrihv
(l(./d 'I'll
'K. II K' KM 1
(.I.IV
MI/M/'I/
'1(. IIK' KI'IS
Cuci h
(IK/.'S/'J/
'1(. 1 IK ■ 1 7(IH* ■'
l'l((|i|i'.
l.'/i l/')7
'17 1 lie (KIS'l
M..i(is,.(i
(IS/dl7'i;
'17 inc (Ki'n
Mm 1 ismt
l(l/d//'l/
'17 1 IK'dl 1 7
Ki'illv
0')/; i/'i;
'17 1 IKIMI 1
Smidl
ld/.'K/'17
'17 MIC (MIS
SiiKdi
id/.'i/'i;
'17 IIK ■ (l(.^ 7
S h
d'17."l/'l/
'17 IIK' 117 ((.
(■i.iv
d'l/(l'l/'l/
•17 IIK' IPN'IK
ll<-< (.HI
l,'/l|7'l/
•17 IIK' (l'17K
I'll
ld/."l/')7
'17 IIK' (I'lH'J
Siiiilli
d'l/l (>/'!/
'17 IIK ' KISd
lire (mi
Id/; 7/'!/
'17 IIK' 1 l(, 7
( H.IV
1 .'/,"1/')/
'17 MIC ISMl
Sniilli
di/dd/'lH
I'l nil ISIII I) ill ( ISION
KLtjlblLKLllAllUN
i; I I NCK I. Ml I
1; (17 NCR SSI
1; I I NCK l.'dl
SIAIK I'KKSONNIJ,
:\ilmini\lralion
I'.lllll' Kiukv Di'lK nl AilllMlllsli.Kuill IKv oM'ilM h.iM' .
Hntn\witk ( 'ornrniinilv ( 'titlrKc
III ll.iii.iUiW Skiiinci V II swiikCmnri y Cullici-
'17 dSl' I III!
'17 (ISl'dtld
ni,|.|..
I'liilMi'
(l(>/l.'/'17
'
( otTCifion
I.inu e II.ikImi^'. v I )ep.ii imk nl til < '01 tei hoii
Willi.nn II Willi.iinson V AK I' .Sup lll.iiu li Vtiulli Insi . Cm t r. 110
Will I. nil II Will unison v A K Piiiill. .Sii|) Ml.iiii li Youili Inst, ("tutu im
Mk li.iel Mi KiMitncy v Dep.n linrni ol ( 'oi let lion
I'.iinel.i Rtiltinstin v I >ep.iMineni ol ( '01 let tuMi
r.iinel.i KoImiisoii v I >ep.iiliiieiii ol ( tit 1 11 imhi
Sieplien I >iil>.iy v I >e[>.ii ininil t»l ( 01 n« imhi
K<Klney Jones. I'.inl.i ll.iwknis. J.iines Mi Koy v I hpi til ( tn nt iitm
KiMhiey Jones, I'.inl.i ll.iwknis. J.inies Mt Koy v I >epi ol ( 01 nt iitm
Riitlney Jonrs. r.inl.i ll.iwknis. J.inies Mt Koy v I >i-pi ol ( 01 let lion
I. .my W;iyne I'l n Ml. J 1 v Dep.iilinenl ol Conei lion
WiIIkiiii llrisiiel hi.ulley v I'l.iiiklin rfeeni.in. Niipl M.nk lln^'lies
(ii.inl Spuer . Assi Snpl W.nle I l.u ley, el .il. I >ep.itinieiii ol Cottet i
I leiiins ll.iriell v I >ep.ii line 111 oM 01 lei lion
K.iy Iv.iiis Jiiynei v ( 'tn let lutn. |)iv til Ailnli I'lolt.nioii/r.iitiii-
Morion lloyd v New H.inovri I )i|i.ii iniriii <i| ( timi iioii
I'.niine I' (lieene v Atlnll I'l 0I1.1I1011 Si.iic t.l Nl '
Will 1.1111 (; loitl.in V Dep.ninietii ol ( ' t iit>n
loe N.nli.iri ( .1. ill. MM V Dt [1,11 tint III ..[ ( iMie. I it mi
Willi. Mil A Uhliv hcMiir, Kowl.iiit! (A'.M SMpi ) W.ikcCtM i Cm I k )( '
H/ (ISI
l.'MI
M
MIISOII
'1 1 ( ISI
d(.S7*"
( ti
.IV
'M (ISI
1 I7'l*"
(•1
■ IV
')(, ( ISI
dj".!
Ui
(IIV
'1(1 (ISI
(Mill*''
w
■si
')(i ( ISI
dd'il'*''
w
■si
')(. ( ISI
(IK'K.
< il
• IV
'Id ( ISI
Id"il'"
I'l
1|1|IS
'Id ( ISI
1 1 I'l'*''
I'l
1|I|1S
')(. (ISI
1 IJd*"
I'l
I|1|1S
'!(. ( ISI
II n
(.1
.IV
')(. (I-^I
I'.lll
ri
1|1|1S
'1(1 (ISI
JO I'l
CI
CSS
•17 OSI
llllld
Mr
1 (mi
•17 (ISI
dIS,'
(Il
■ty
'1/ OSI
d.'dl
( it
ly
•17 (ISI
(IK.'I
M
itiismi
'17 (ISI
(IS I')
S((
mil
'17 ( IM
(IS 1,'
< ,\
IV
(ll/l.'/'IK
dl/.'S/'lK
dl/.'K/'lK
l.'/IS/'17
l.'/dS/'l/
l.'/im/'17
(II/.'K/'IX
(IK/.'d/'l/
(IS/.'II/'17
(IK/,'()/i)/
dS/l I/')/
d(./l')/')/
II(,/IH/'I7
ll'l/IK/'17
lid/ 1 l/'17
I l/,'d/'17
Id/ll/'l/
dl/l l/'IK
d'l/d.'/')/
I.' II NCU I Id I
1,' 11 NCK 117 1
I,' II NCK I 17 I
I.' II NCK 'IK/
I2:lf>
NOKTII CAROIJNA KIX.ISII.K
rchniiirv 16, l<)<)H
1002
CONTESTED CASE DECISIONS
a(;encv
Tone M Osborne v, Deparimcnt of Correcllon
Dennis M Buicher v. Department of Correction
Lonnie F. McCaskill. Ill v Department of Correction
William E- McCaskill v. Department of Correction
William A- Richv. Department of Correction
Andrew Pinto v Department of Correction
Regina Draughon v Department of Correction. Duplin Correctional Ctr.
Ronald M. Johnson v. Emp, Rel. Comm.. DOC (Morrison Youth Inst )
Stanley L. Ingram v. Department of Correction
Randy L Tompkms v. Department of Correction
Regmald W Lewis v. Piedmont Corr. Institute. Mr. T. Pinion. Cpt.
K- Fry. Sgt. Dancy. SCT. B. Crawford
Donald W, Keith v Department of Correction
Frances A. Holden v Lumberton Correctional Institute
Thomas Woolridge v Lumberton Correctional Institute
Crime Control and Public Safety
Timothy M. Lassiter v. Crime Control & Public Safely. St Hwy Patrol
Carroll E Ward v State Highway Patrol
Employment Security Commission
Broxie J Nelson v Employment Security Commission
Sandra T. Shearin v. Employment Security Commission
Mary H Ranson v Employment Security Commission
Carrie F. Luther v Employment Security Commission
Frances P Gray v Employment Security Commission
Environment, Health, and Natural Resources
Dowell Gray v Department of Environment and Natural Resources
and
Onslow County Department of Health
James Fred Swain v. Environment. Health, and Natural Resources
James S. Kanlor v. Environment, Health, and Natural Resources
Human Resources
Betty J Souther v New River Area MH/DD/SA Program
Kenneth B Cooper v Piedmont Area Mental Health
Willie D Parks v Cherry Hospital. Department of Human Resources
Robert Tilson Morley v. Department of Human Resources
Glen Sutton v Cumberland County Department of Social Services
Brenda C Burgess v. Dept of Human Resources (Broughton Hospital)
Felicia Ann Baker v Lenoir County DSS. Jack B. Jones
Sharron S Moten v. Lenoir County DSS. Jack B, Jones
Pamela Massey v Department of Human Resources
Clifton Dean Hill v Department of Human Resources
Bennie Allen Suttle v Department of Human Resources
Calvin E Kaiser v. Southeastern Mental Health Center
Sandra Riley v Onslow County Department of Social Services
Vicky Angel Morgan v Buncombe County Department of Social Services
Rick A Sanders V Department of Health and Human Services
Troy Gaines v Durham County Mental Health Department
Edward Percell Eason v Department of Human Resources
Dale Dees v Trend Community Mental Health Services
Lisha Dawn Byrd v Human Resources (Western Carolina Center)
Richard G Sleeves v Scotland County Board of Health
.Antonio A Archibeque V Barbara D Whitley. Dir. Stanly County DSS
DHR. Deaf & Hard of Hearing CNCSD. Evonne Broadnax v DHR.
Deaf & Hard of Hearing CNCSD
Richard G Sleeves v Scotland County Board of Health & Scotland County
Julia R Baker v. Union County Department of Social Services
Public Instruction
Frances Phillips Melon v Department of Public Instruction
Dowell Gray v Department of Environment and Natural Resources
and
Onslow County Department of Health
C.A.SE
DATE OF
PLFBLISHED DECISION
NT^IBER
AIJ
DECISION
REGISTER CITATION
97 OSP0601
Smith
10/27/97
97 OSP 0745
Reilly
12/10/97
97OSP0761
Gray
10/02/97
97 OSP 0770
Becton
09/26/97
97 OSP 0853
Mann
12/23/97
97 OSP 0873
Becton
10/31/97
97 OSP 0883
Phipps
12/19/97
97 OSP 0940
Gray
10/02/97
97 OSP 1075
Mann
12/23'97
97 OSP 1110
Smith
12/16/97
97 OSP 1276
Smith
12/02/97
97 OSP 1294
Chess
01/14/98
97 OSP 1321
Becton
12/31/97
97 OSP 1401
Becton
12/19/97
97 OSP 0423
Phipps
10/29/97
97 OSP 0750
Mann
09/16/97
96 OSP 0378
Becton
07/10/97
97 OSP 0293
Phipps
01/07/98
97 OSP 0387
Mann
07/24/97
97 OSP 0943
Mann
01/12/98
97 OSP 0948
Smith
01/13/98
97 OSP 0374»"
Gray
12/01/97
12:13 NCR 1222
96 OSP 0440
Gray
10/02/97
12:09 NCR 851
96 OSP 0633
Smith
09/30/97
12:09 NCR 854
94 OSP 0327
Becton
10/20/97
95 OSP 0312
Smiih
12/19/97
96 OSP 06 17
Phipps
09/10/97
96 OSP 0969
Gray
08/21/97
96 OSP 1296
Gray
07/17/97
96 OSP 1485
Phipps
10/13/97
96 OSP 1664
Becton
12/05/97
96 OSP 1665
Becton
12/05/97
12:13 NCR 1215
96 OSP 1927
Beclon
08/28/97
12:06 NCR 497
97 OSP 0007
Phipps
06/20/97
12:02 NCR 107
97 OSP 0069
Reilly
09/30/97
97 OSP 0073
Gray
08/08/97
97 OSP 02 17
Reilly
10/14/97
97 OSP 0283
Becton
10/02/97
97 OSP 0307
Reilly
10/16/97
97 OSP 0347
Mann
08/05/97
97 OSP 0363
Gray
08/15/97
97 OSP 0402
.Mann
11/24/97
12:12 NCR 1087
97 OSP 0491
Morrison
08/28/97
97 OSP 0622*^
Phipps
10/21/97
97 OSP 0663
Smith
09/02/97
97 OSP 0756
Becton
09/03/97
97 OSP 0760*-
Phipps
10/21/97
97 OSP 0783
Gray
10/13/97
95 OSP 0907
Trawick
06/09/97
97 OSP 0374*-"
Gray
12/01/97
12:13 NCR 1222
i
Transportation
Tommie R. Jones. Samuel W. Winstead. Timothy C, Sturges. Michael J.
Boone, and Ronnie Batchelor v. Dept. of Transportation. Div. of Motor
Vehicles. Enforcement Section
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J.
Boone, and Ronnie Batchelor v. Dept of Transportation. Div. of Motor
Vehicles. Enl'orcement Section
96 OSP 078 P
96 OSP 0782
Phipps
Phipps
11/13/97
11/13/97
12:11 NCR 979
12:11 NCR 979
(
1603
NORTH CAROLINA REGISTER
Febnian' 16, 1998
12:16
CONTESTED CASE DECISIONS
AGENCY
Tomniie R Jones, Samuel W Winsiead, Timolhy C, Slurges. Miehacl J.
Boone, and Ronnie Balchclor v DepC. of Transporlalion, Div ol Motor
Vehicles, Enforcement Section
Georgia B. Warren v. Depi. of Transportation. Div. of Motor Vefiicles,
Enforcement Section
Tommie R, Jones. Samuel W. Winsiead. Timothy C Sturges. Michael J,
Boone, and Ronnie Batchelor v Depi. of Transportation. Div of Motor
Vehicles. Enforcement Section
Tommie R. Jones. Samuel W. Winstead. Timothy C Sturges. Michael J.
Boone, and Ronnie Batchelor v Depi- of Transportation. Div, of Motor
Vehicles. Enforcement Section
Wendell L Webb v. Departmenl of Transporlalion. Ferry Division
Wendell L. Webb v. Department of Transportation. Ferry Division
Frank A. Tice. Ill v, Departmenl of Transporlalion
Roy J Abboit v. Departmenl of Transportation
James French v. Department of Transportation
University of North Carolina
Boyd S. Taylor v, NC Central University
Diane Riggsbee-Raynor v. UNC at Chapel Hill
Helen Mclntyre v. UNC-TV University of North Carolina
Elaine P. Browne v. Winsion-Salem State University
Carol Glosson v University of NC Hospitals ai Chapel Hill
Theresa Rogers v University of NC Hospitals at Chapel Hill
Ann O, Meares v, NC State University
Jesse Daniels v. East Carolina University
Darrell J. Hampton v. NC Central University
Clinton A Browne v NC A&T State University
Kenneth L. Jarman v East Carolina University
William A Covington v. NC A & T State University
Beth W Vinson v. Western Carolina University
Viola Simmons v. UNC-Wilmington
Helen Mclntyre v. UNC-TV University of North Carolina
Helen Mclntyre v. UNC-TV University of North Carolina
E Julius Carter v. UNC-Greensboro
Edward L. Chatman v, UNC Hospital Marriot
Wmifred Bird v. University of NC Hospitals at Chapel Hill
SECRETARY OF STATE
Greenway Capital Corp & Stacey Lee Davis v. Securities Div. Sec'y/Staie 94
Teresa M. CoUrain v Secretary of State
STATE TREASURER
Shelby H. Underwood, et.al. v. Trustees Teachers/St. Emp Ret. Sys.
Richard Albert Jose v. Stale Treasurer Retirement Systems Div
Annie Tharrington Harrington v. Trustees Teachers/St. Emp Ret. Sys.
TRANSPORTATION
Audrey W Harris v. Transportation. Manson/Wheat Contr . & Wake Elec 97
UNIVERSITY OF NORTH CAROLINA
Clinton S. Rogers v. UNC-Chapel Hill
CASE
DATE OF
FUBLLSHED DECISION
NUMBER
AU
DECISION
REGI.STER CITATION
96 OSP U783*-''
Phipps
11/13/97
12:11 NCR 979
96 OSP 0784*-''
Phipps
11/13/97
12:11 NCR 979
96 OSP 078.5*-''
Phipps
11/13/97
12:11 NCR 979
96 OSP 0786*="
Phipps
11/13/97
12:11 NCR 979
96 OSP nio*''
Phipps
10/31/97
97OSP0198*-'
Phipps
10/31/97
97 OSP 0380
Mann
09/05/97
97 OSP 0697
Morrison
12/05/97
97 OSP 1252
Smith
12/16/97
94 OSP 0363
Chess
09/12/97
96 OSP 0326
Chess
06/04/97
12:01 NCR 39
96 OSP 0822
Gray
09/26/97
96 OSP 1007
Reilly
09/24/97
%OSP 1015
Becion
10/08/97
96 OSP 1065
Morrison
10/23/97
% OSP 1870
Chess
09/22/97
97 OSP 01 23
Morrison
01/13/98
97 OSP 0155
Mann
08/11/97
97 OSP 0199
Phipps
09/18/97
97 OSP 0249
Gray
09/26/97
97 OSP 0686
Becton
08/29/97
97 OSP 0762
Phipps
10/10/97
97 OSP 0859
Gray
11/18/97
97 OSP 0991
Gray
09/26/97
97 OSP 1148
Gray
10/16/97
97 OSP 1202
Phipps
11/05/97
97 OSP 1384
Phipps
01/20/98
97 OSP 1413
Phipps
01/12/98
94 SOS 0097
Gray
10/28/97
97 SOS 0499
ReiUy
10/22/97
12:10 NCR 914
96 DST 0390
Reilly
08/05/97
97DST0281
Reilly
10/02/97
97 DST 0866
Mann
01/15/98
12:15 NCR 1468
97 DOT 0566
Gray
07/28/96
97 UNC 1062
Becton
10/31/97
,
12:16
NORTH CAROLINA REGISTER
February 16, 1998
1604
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
I he North Carohna Adminislratne Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. Tlie other two. subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
Administration
Acupuncture
1
2
Agriculture
Architecture
2
3
Auditor
Auctioneers
4
4
Commerce
Barber Examiners
6
5
Correction
Certified Public Accountant Examiners
8
6
Council of State
Chiropractic Examiners
10
7
Cultural Resources
General Contractors
12
8
Elections
Cosmetic Art Examiners
14
9
Governor
Dental Examiners
16
10
Human Resources
Dietetics/Nutrition
17
11
Insurance
Electrical Contractors
18
12
Justice
Electrolysis
19
13
Labor
Foresters
20
14A
Crime Control & {*ublic Safety
Geologists
21
15A
Environment, Health, and Natural
Hearing Aid Dealers and Filters
22
Resources
Landscape Architects
26
16
Public Education
Landscape Contractors
28
17
Revenue
Marital and Family Therapy
31
18
Secretary of State
Medical Examiners
32
19A
Transportation
Midwifery Joint Committee
33
20
Treasurer
Mortuary Science
34
•21
Occupational Licensing Boards
Nursing
36
22
Administrative Procedures
Nursing Home Administrators
37
23
Community Colleges
Occupational Therapists
38
24
Independent Agencies
Opticians
40
25
State Personnel
Optometry
42
26
Administrative Hearings
Osteopathic Examination & Reg. (Repealed)
44
27
NC Sute Bar
Pastoral Counselors, Fee-Based Practicing
45
Pharmacy
46
Physical Therapy Examiners
48
Plumbing, Heating & Fire Sprinkler Contractors
50
Podiatry Examiners
52
Professional Counselors
53
Psychology Board
54
Professional Engineers & Land Surveyors
56
Real Estate Appraisal Board
57
Real Estate Commission
58
Refrigeration Examiners
60
Sanitarian Examiners
62
Social Work Cenit'ication
63
Soil Scientists
69
Speech & Language Pathologists & Audiologists
64
Substance Abuse Professionals
68
Therapeutic Recreation Certification
65
Veterinan' Medical Board
66
Note: Title 21 contains the chapters of the \'arious occupational licensing boards.
7605
NORTH CAROLINA REGISTER
February 16, 1998
12:16
■3
X
E _
'S SB
X -
U d
Q -
z c
w|
> -8
— u.
I-
Q.
■3 i
K -
ii
c
.i -T
2 o
.a .
3 t;
fN
fs
rN
(N
a:
:^
ai
a;
o
U
O
O
<^.
^
-4
^
=
o
o
o
Oi
a:
q:
o
O
o
;^.
Z
:-i
■i i
E 1-
y: c
. «
II
at £
■= -3
^ C\ C\ 0\ O Cn ^
r^ w-1 m
CT\ vO CTn so On vO 00
> w > 'J > a> u
U > 1) > <i» > >
C X, c C :i, C C
Cl. X C C- J2 C Cl
< z << o < <
uj <. u;
< w <r<r
""
-
■3
y)
C
u
C>
U
■f.
c
C
■Fff
S-
O
£
a>
as
!/)
X
t;
4/
X
a.!
X
^
«
a*
c
■3
I/!
■3
X
3
u
■3
ai
Of
X
b
3
U.
C
■3
—
«
^
C
t«
t*
■3
T)
k
3
4^
L.
a
C
^
^
C/
g
•3
c
«
4rf
e
&
Si
■3
■■fi
*
c
«
■3
E
^
S
•c
«
E
3
W
Xi
C
o
3
^
•3
&i
Or
w
Of
•c
s:
C'
E
it
c
2
•3
3
1
as
II
b
^
a^
L.
^
s^
c
■a
£
■3
w
j;
L.
E
E
!£
1
«
E
c
■f.
i*
3
h
2:
II
■3
3
M
£
•3
A
n
■r.
,E
X
3
^
S
■3
3
Z'
C
■-■
n
=
00 00 ao
•^
TT
-^
T
^
1/-.
w-1
1/-1
W*i
r^
ai
a:
2:
ai
a;
oi
oi
a:
Oi
Oi
a:
;;
;;
U
;j
CJ
^
CJ
/^
^.
/:
Z
z
z
Z
Z
Z
Z
Z
Cv
Cn
Cv
Cv
Cv
-o
m
~
I
~
~
~
(N
fN
r^i
*N
(N
(N
z
z
z
q
q
<
^
—
—
z z
r-
r-
r-
r-
r-
Di
ai
a;
Qi
oi
U
u
U
U
/^
^
^
;^-
^
(N
(N
rs
rs
(N
<
z
9C
a:
z
z
u
z
a:
z
CN
(N
■a-
eN
f
—
z
O -• B
— £00 00 o —
HS-- -- -H
1/5 ;=-■,■ ,, ,'C/5
2 ^ z z z z z S
< 7. < L
— — ^ rs
O o o c:
t/5 j2 O O O
— S <■ <• <■
tj iJ iJ;
12 z
z z z z
.^ 'C
OS
g H
< 3
5 5
<
— — o
o
z
o
z
X -
W d
a -
z c
"" re
H -
■ft 00
-J §
tj re
3
3
3f
I ^
fc E 3
_ i o
2
3:
■a
.2 .
-T -r -r
I
Ci Di pi
o '^ o
z y. y.
— —
^ _-
—
—
—
—
~
—
rj r t
rj r,
^.
r,
'.
^.
"j
^,
~j
~j
r4
a: 2:
ri: zi
^
^
Zi
li
2i
2i
2i
2:
2i
y. y.
z z
7.
y
z
y
y
i?.
z
z
z
- ~
= •=
=
~
:=
~
(^
»~j
rj
f-^
^
::: r
- -
—
—
-
—
~
—
—
—
~
C^ C^ ^
fcn »r", i/-i
r- r- r- r^ r^ r--
w-i I/-1 -C ""'
< < <
2i
z
C C C CI. C-
C C CL c c
< < < < <
_>> _>> > > > >
< < < <
(
z y y
f:*
II
E t
2; ai
z z
r-4 — — —
2c; :x 2i :2:
y y y y
y y y
2C CL
y y.
^ :x 2i i; 2i
— w O ^ ^
z y y y y
z z z.
a: -
2: z
^ 2 r-i — .
-^ -^ r
(
z z z z z
w' ox w' w'
y y y y y ^
y y Z y
E 2
I-
< Z
E 2
c
^ OS
•o U
< z
3
a:
2
a.
a
<
i £
r* (N (N
r'^ n^ f*l r^
(N w-i rs
^ Tf ^
o
z
a:
o
z
a;
o
z
u
z
a:
u
z
a:
U
Z
OS
U
z
a:
o
z
Cri
U
Z
a:
u
z
u
z
o
z
ai
U
Z
a:
o
z
O
z
z
Z
Z
Oi
o
z
o
z
a
u
z
o
z
O
z
o
z
u
z
O
Z
O
Z
OS
u
Z
■^
■^
•^
-^
^
■<r
■^
■^
■^
■^
•^
■^
■<r
■*
-^
o
^
Tf
■^
^
TT
•^
so
o
-*
so
o
■^
\o
o
■^
fS
rs
r^
fN
(N
(N
(N
rs
(N
(N
rs
fS
cs
fS
rs
rs
(S
tN
rs
rs
rs
rs
rs
fN
rs
rs
fN
rs
2 «
go:
o
Qi
«
oi
O
u
U
z
z
z
a:
o
z
oi
O
z
a:
o
z
z
z
Oi
z
u
z
csi
O
Z
OS
z
OS
O
z
OS
u
z
OS
U
z
OS
z
OS
z
OS
z
OS
u
z
OS
O
z
z
OS
u
z
ai
O
Z
a:
z
Z
OS
o
z
OS
z
u
z
OS
o
o
OS
o
Os
o
Os
o
OS
o
OS
O
OS
o
OS
o
§
g
OS
o
CTs
O
OS
o
OS
o
OS
O
OS
o
OS
o
Os
o
OS
o
Os
o
OS
o
OS
o
OS
o
OS
o
rs
rs
rs
rs
rs
rs
rs
rs
rs
rs
ri
rs
rs
rs
rs
rs
rs
rs
rs
rs
rs
rs
rs
rs
rs
ll
o — . —
r*^ f^ r*^ r*^
w-^ w-i wi >i-%
^0^x0^*0^
o
o
u
o
o
o
u
CJ
o
o
o
o
o
o
u
c;
c;
tJ
CJ
CJ
c;
c^
C)
C)
C)
C)
t)
C )
C)
<
<
<
<
<
<
<
<■
<■
■3-
<■
<;
<"
<■
<"
<■
<■
-l-
<■
<r
<■
<■
<-
<-
u
u
o
u
u
u
u
sj
o
o
u
u
u
u
u
u
o
u
o
CJ
CJ
s J
c;
C)
t)
s )
C)
C)
C)
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
(N CN rN r-j
3
■a
1 I
t _
£ E I
= 42
9C
ON
X -
a -
z £
il
H -
^ -
■§.
3
•a «,
■L Z
S.1
3^
E %
X -
i
at
z
{
y. ,A -y. y. .A -y. -J": ,A -y. y.
X X ac 3C 9C
r) r^ r^
as
a:
a.
ac
a:
Z
z
Z
z
z
T
^
T
^
T
fS
fN
fN
fN
fN
1^
r-
P-
fN
E
E
f*
=
=
2::
2
2
3£
2:
2
2
a:
2
2
as
2
as
2
as
2
a:
2
as
2
a:
Z
a:
Z
as
2
as
2
^
r*
c-
!r«
x;
c^
'>
S
S:
s:
s
^
^•
f*-.
f*-.
rr
r^i
r^
r^
p^
rs
r^
r4
r^
r^
fN
cs
-
fN
(N
fS
r^
(N
r^
T
r-
■^
r-
T
r-
OS
ZL
as
as
as
as
as
2
2
2
2
2
2
2
o
c
<
~ 2i S
z z z z
a:: as
z z
z z z z
c
S O
as CQ
- ? i
- = - 7;
a:
'•J
Z
7!
Of
u
z
i
<
X
z
<
Z
O
<
a: a: ai
5C ~
— ee ^ — 00 —
(
:::
^
<
^
<
^
j-
<
<;
<
<
<;
<
<^
<;
<
<;
<;
<
<;
<
^
<
<
<
<
<;
^>
/
/
/'
/■
/
/
^
/■
/■
/■
^
^
^
^
^
V
V
/
^
K
r^
(N
'"
CN
(N
r-j
(N
<
^^J
fN
(N
(N
rs
.■N
(N
fN
CN
(N
fN
CN
fN
<
rs
r^
(N
r-i
fs
(N
3
I >
21 I
•c
<
OO 00 OO 00
Q,:a:Q,:ci:Q£or:at:ci:o^Q:a:ci^a:o^ci:c<o:o:£
u u o o u u u
^. -^ '^. z ?. y. y.
y. y z. y. y. y. y: y. z z. z
S."3
(N (N rs r^
^ 0\ C^ O^ ^ O^ ^
CT^ CT' On ^ CT^
^ ^ CT\ ^ ^
0^ ON CTv OS
vO
VO
vO
VO
■^
-o
3
^o
\o
so
VD
>o
so
\o
vD
^
VD
vD
so
so
so
so
so
so
so
so
so
so
O
y
u
z
a:
z
o
z
a:
u
z
a:
z
u
z
Oi
U
Z
o
z
z
U
z
Od.
O
Z
o
z
o
z
O
z
u
z
DC
CJ
z
O
z
OS
z
OS
CJ
z
CJ
z
CJ
z
CJ
z
Oi
CJ
z
en
z
OS
u
z
oi
o
z
oi
u
z
00
o
00
o
OO
o
OO
o
00
o
00
o
OO
o
OO
o
00
o
00
o
00
o
OO
o
OO
o
00
o
OO
o
OO
o
OO
o
OO
o
OS
o
OS
o
OS
o
OS
o
OS
o
OS
o
OS
o
§
OS
o
§
fN
rs
rs
rs
rs
rs
rs
rs
rl
rs
rs
rs
rs
rs
rs
rs
rs
rs
—
^
~
^
^
^
^
"
~
^
_ — rs ^
o o o o
S - - c
1 =
e 5
u.
u.
^
CJ
X
„^
„^
^^
»^
.-^
_,
_j
•X
-.<
^
^.
>:
U
00
OO
00
oc
00
oc
00
00
OO
oc
00
00
00
00
OO
00
00
U
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
c;
CJ
c;
u
C)
CJ
CJ
C)
CJ
CJ
CJ
C )
CJ
C J
CJ
C J
CJ
(X
^
<
<
<
<■
<■
<■
<•
<
<
<•
<■
*-•
<■
<
<
<
w
u
U
CJ
o
CJ
sJ
O
O
U
U
u
CJ
O
CJ
U
CJ
(J
z
z
z
z
Z
Z
z
z
y.
y
Z
z
z
Z
z
Z
z
rs
cs
rs
rs
rs
rs
rs
rJ
rs
r4
rs
rs
rs
rs
rs
rs
rs
O
u
uju.j:.-«-^u:j2'^'^-^-^
C J
C )
C )
()
C J
') i
5 <>
CJ
CJ
CJ
-f
<■
<■
<■
<■ 1
<
<
<
<
CJ
CJ
u
o
u
'-' c
i u
o
u
CJ
z
z
z
z
z
y-
5 z
z
z
z
■3
i
o
z
OS a: a:
o u u
z z z
^o \o vo
Z
z
a:
o
z
o
z
■O so so
ai
O
Z
^ B
r~
1^
r- r-
r-
r-
[-- r- r^
r--
r~
r-~ r- r^
?^
OS Cn
c^
O Cs
o^
0\
^ ^ OS
ON
ON
Gs 0\ O^
o
00 O
o
OS o
o
o
O 00 o
o
00
O OO O
(N
- r^
CN
— cs
cs
(N
(N ^ fN
(N
—
r-i — (N
OS On Os
Ov Os CT^ 0\ ^ Os
O 00 O 00 O O
fS « fN — fN fS
1^
OS
OS
o
00
o
s
OO
OS
OS
X -
W o
Z £
I-" re
-< OX)
5
t3 o
^ ^
ii, a 5.
G o tJ o o
H, D..^ a. D.
t! o o
5. .E, Q. D.
^ ^ ^ ^ ^^
o B o t; o o
o C
D. -Si
,0-0.
6^^
a.
^
{
•a ».
1
z
oi a: OS OS a: cii
u u o u u u
z z z z z z
2 »,
oi
OS
a
oi
o;
OS
OS
ai
OS
OS
OS
a:
OS
OS
OS
b:
OS
U
u
u
o
u
U
u
'•J
u
u
u
u
o
(J
u
o
u
z
z
z
z
z
z
z
Z
z
z
z
z
z
Z
z
z
z
•a-
■*
■»
•»
•V
■^
■*
^
•«•
^
■<?■
-^
■<r
t
^
^
^
<
OS
so
OS
so
OS
SO
OS
so
OS
so
w-s
OS
so
w-1
so
OS
so
OS
so
OS
so
1/^
OS
SO
OS
so
OS
SO
tf-s
OS
OS
SO
w-1
OS
SO
OS
so
OS
SO
OS
so
OS
SO
«rs
<5
SO
so
so
1/^
OS
so
OS
so
OS
so
OS
so
OS
z
as
O
Z
OS
u
z
OS
Z
Z
OS
z
OS
z
OS
z
OS
z
OS
z
OS
o
z
OS
z
Oi
CJ
z
OS
CJ
z
OS
o
z
OS
u
z
OS
o
z
OS
z
OS
CJ
z
OS
CJ
Z
Oi
z
OS
OS
u
Z
o:
CJ
z
OS
O
z
ai
U
Z
OS
CJ
z
OS
p
OS
OS
o
Ov
q
OS
O
OS
O
OS
q
OS
o
OS
q
q
OS
q
OS
q
o
OS
q
o
Os
q
OS
q
OS
q
OS
q
OS
q
OS
q
Os
q
q
OS
q
o
q
Os
q
o
so
O
o
o
o
o
o
o
ST
O
o
o
o
o
O
o
O
O
so
O
o
I--
o
o
oc
o
r-
o
o
o
00
o
i
o
so
o
o
OS
O
o^
o
O
o
St
o
o
g
o
o
o
O
O
1
O
us
^
o
Cs
OS
Os
OS
o^
o^
OS
OS
OS
OS
_]
Os
OS
OS
OS
OS
OS
o^
OS
o^
o^
OS
o^
OS
^
OS
<
z
Z
Z
<
o
z
<
z
Z
Z
Z
sj
<
z
<
z
<
CJ
z
<
CJ
z
<
z
CJ
<
O
Z
u
<
o
z
<
z
<
Z
z
CJ
Z
CJ
z
CJ
Z
Z
z
CJ
z
z
<
o
z
CJ
<
CJ
z
<
I
■3
£
■ops.
%
\l
2-1
I
1 =
" 00 —
u
!->
u
^.
/'.
y.
f^i rN rj
00 «n
r^
{N
<N
r^
M
rs
r^
r^*
fN
(N
(N
fN
fN
r^i
fN
(N
a:
U
a: a:
a:
y.
a:
u
y.
a:
i'.
V.
0:
0;
OS
a:
u
y.
0:
Oi.
u
r-
—
m
r^
r-i
f^
rs
(N fN
fN
fN
fN
tN
rj
fN
fN
rsi
fN
fN
(N
fN
fN
r>)
fN
CN
r- r^ r-- r- r~ r--
0\ ^ O^ ^ CT* CT^
00
00
00
— (N
^
^
z^
Zl.
fS
~
(N
— — 00 —
fN rs — fN
06 06 o^ 06
Ov Cn CTv On
On On On On On
ii, Q. 5.
D. D. ii, 5. i^ D.
D. i, D. D.
^
Q.CLQ.Q.CLaCLa.D.Q.
NO »^ ^ ^ >0 ^
Q. a. o. P. a. o.
^ ^ ^ ^ ^ ^
a: a: a: a: a: a:
O U U '^ u u
z z z z z z
OS
OS
OS
a:
a:
a:
OS
a:
OS
OS
OS
a:
U
u
U
u
CJ
u
z
z
z
z
z
z
Z
z
z
z
z
z
oi OS cd a: OS OS OS
u o o u o o
z z z z z z z
fi r*! 1*1 r^
OS
z
OS
z
OS
z
02
z
OS
u
z
OS
z
OS
U
z
OS
z
OS
z
OS
u
z
OS
Z
OS
z
2:
OS
z
OS
z
OS
z
OS
z
OS
u
z
OS
z
OS
z
OS
(J
z
OS
z
a:
z
a:
ON
OS
OS
OS
OS
OS
00
00
00
fN
fN
fN
fS
fN
fN
fN
fN
T
fN
fN
=
-
=
=
=
=
=
30
(N
00
00
00
30
.a
§
T
■c
<
(N
(N
-r
r-i
fN
s
(N
r-1
5
5^
ON
0^
0^
OS
0^
Q
c
sD
sO
<
^
<•
r*-.
<
r^
23
03
03
LLl
f*^
UJ
i::;
■^
ii
iri
i^
ii
:s
***
*-•
^
^
I
^
'^
5i
5i
'^
y
ii
y
i^
'^
i^
^
y
^
^
^
z
z
z
z
z
z
i?.
z
Z
z
a.
z
z
z
z
z
z
z
z
z
z
z
2:
z
■* T -T
00
o
o
X
""■
ili
,— ;
a
—
^
C
^
U.
■3
^ E S
-a s fi.
.. i o
ir >'•
o
C
a: 3
$■1
I
rs
rs
r^
r^t
(N
fN
rs
rs
(N
fN
r^
CN
PS
r-i
r4
rN
r^
rs
fN
rs
(N
(N
2:
o
O
QC
u
?:
u
Z
Z
z
Z
O
o
o
o
O
o
o
o
m
o
o
d
o
O
O
o
O
pn
o
o
m
o
^"
r^
O
rs
CN
rs
fS
rs
fN
fN
rs
rs
r^
fN
(N
rs
r^
fN
fN
r-J
fN
r-J
fN
rN
o*
CN C^ C^
Cn Cn CN
OS CN Cn
C\ Cn CT^ CT^
0\ ^ O^ 0\ O^ 0\
"O "O so ^O vO
O^O'O'O'O'O^sO'O
^ ^ •?• ^
^ ^ ^ ^ ^ ^
(
o o o o o
a: a: a: Qi q:
o u o o o
X. y. V. V V
o
O
^
O
O
o
o
o
1
Tj-
o
o
O
o
^
O
O
5c
O
30
5c
5o
rNi
5c
O
00
a:
o:
q:
cc
a:
a.
Zi.
CC
Qi
Qi
q:
o:
a:
a^
a:
ai
a.
o;
a:
ct:
q:
a:
a:
o
u
UJ
u
o
u
U
o
u
O
o
u
U
O
u
D
o
u
ij
u
o
u
o
^.
/'.
x.
/.
X
y'.
y.
/.
z'.
-^.
/.
/'.
X.
/.
y.
V.
X-.
/'.
x
y'.
y'.
X
y.
r^.
r^
r^
r^
f*-.
m
f^
m
pi
p-i
m
r^.
f-^
r^.
r^.
r*'
ON
o
ON
ON
ON
o.
=^
a:
o:
a:
a:
w)
o
o
o
y'.
V.
V.
/'.
OOOOOOOOOOOOOOOOOOOOO-^ r". mmr-irrr^m
rnrnrn r^, f*^r^r^. rnr^, f^n^r^r-ir", r--. rnrnrnrnrnr". n". ____^_ — —
z z z z z z z z z z z z z z z z z z z z z z ^ z z z z z z z
rjrNrNr-*rNrNrNrsr>irNrNfNrNfNr-j<NrNfNfNr^rNfN^ — ., — — . — — __
— 30 PNi r^ v-i T —
-. ., 1,,,,,,,, — ,^ OOCrOOOO
oooooooooooooooooooooovj c; — r-irNif*-. or-
rsrN)r-ir*Nr^TtNj-TtNjkOw-iNCNJ)N0r-r^0C0C0N0Nf^, r^ OOOOOOO
.- ^ ^ ^ --_.-__ W WW W W O ^ ^ >._ w O O >_, ^ ^ ^ ^ ^ y
CM
CNl rNt
O J O nJ
o w> u o
y y y y
w> u o o
nJ O O nJ
y y y y
LJ w) O LJ
y
y y. y y y y y y y
o
o
<■
<-"
<■
<-•
nJ
w)
X
X
X
y'.
f^. r^ r~ r— r^
J=
s
■3
X
^
>
S
a
B.
<
>i
1 E
*J
2 _
■2 ^
5 E S
T3 O Q.
5* £
V &
s-
g
n
a
3
as
OS
e
u
<
■a 1.
SS
£Z
O
ss
oH
z
£>
R
g.-3
E«
u
H
u «
|.s
!i -o
E S
^£
X ^
i%
S.3
Sx-
<
O
a:
a:
a;
<-/
vj
CJ
\c
Z
^.
CN
Cs
o
OB
o
■!i, Q.
St
ON
00 OC 00
00 00 00 00 00
On ^ ^ ^
(N
Oi
a;
Oi
a:
a:
a:
«
ai
ai
a!
OS
ce:
OS
i^
ij
o
I.J
o
o
o
U
O
O
u
u
O
is
is
:^
is
ii
/:
is
;i
iJ
>i
is
is
is
OS
OS
OS
OS
On
OS
OS
OS
OS
OS
o-
o>
OS
fN M r* —
(S fN *N (N
^ Ov 0^ ^ Cn
uuuuuoouuo
r^r^r^fsr^^^(Nr^fS*s
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
Os
OS
OS
Cs
CS
CN
2
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
Bi
o:
OS
OS
OS
a;
OS
OS
OS
OS
OS
OS
OS
as
a:
as
O
■•J
U
;;
'-.i
s;
o
o
o
o
u
u
o
u
u
U
4.
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
r^rJr-irsfNrNCNrs
fS fS CN fN
Z;^2:^ZZZ^22ZZ^ ZZZZZWZZZZZZZZZZ
xioor-~ooocoooooooo3ooooo'^ ooooooooooS^so^^^^noso^^no
"■'~!^'~""""~''~""""""~*'^ ^,-„^^N|jpppppqpooo
____________„ „__„__^___„______
r^. — (Nrstr^ — r-, ■^r^,— rs — m f»,«-^— .-fj-W— M-imr^r^w-imooOs
ooqqooooqoooo qooooflj qqqqqqqqo —
fNfNrNrs)fNr^fNrs)rs)rsi(NfN(N (NrNtNfsrS/-, Tr^^f^^^sTs^T
ooooooooooooo ooooow— — — — — — — — — —
cjsjouyjjuucjucjuo tjuousjC'-'sjcjoosjOsjoy
<<<<<<<<<<<<< <<<<<J^ <<<<<<<<<<
zzzzzzzzzzzzz zzzzzSzzzzzzzzzz
f^. f*^f*lf^. f*-. rnr^f^^r*-. rimf^f*^ f^f*lr*^f*^r*^(^ „»„- — — ^-.— — — ^- — >
r^fNr^fNr^fNrN(N(Nr^fsir^rsi fNo4fs4r^(SQ(NfN(NrN(Nrsr^r^<NrN
L.
£
3
a:
■D
L.
c
c
*-■
E
£
_0
r
£
•3
E S
•o
3 a.
-* £1
b
D.
"
3
a
X
Z£.
c
*^
s
e
u.
©
f-
z
ep
s
u
c
a
£
a
b
IT
2
c
■a
E
b
(^
3
1.
a:
4*
3
c
c
u
w
#
I
rj rs
rN fN (N rs
rs
rs fS (N (N
O"^ ^\ Q\ O^ 0\ Q\
X. ZZZZZ2Z2:dZZZZZZZZZZZZZZZZZZZZ
■/~> lyi i/^ 1/^
0;
z
a.
z
2;
z
z
Z
a:
z
ai
Z
a:
Z
a:
z
a:
CJ
z
a:
z
a!
z
a:
z
z
a:
Z
a:
Z
a:
z
a:
Cj
z
CJ
2
a:
CJ
2
a:
CJ
z
CJ
2
a:
CJ
2
a:
CJ
2
a:
a:
2
a;
2
a:
a
2
a:
z
a;
CJ
2
so
so
so
so
sO
so
so
so
so
so
§
so
so
r^
(N
rj
r^i
rvl
rj
rj
CN
r^
rJ
rs
r^
(N
r^
fN
CN
r^l
r^
r'l
(N
r^
CN
CS
CN
CN
CN
CN
CN
CN
CN
ooooooooooooooooooo^^:-:^^^ — — — ■ ^V
ooooooooooooooooooo^-^. ^-^^. ^---^
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
rsr-)rHrsr^irsr^rsr-)rNr^rNir^)rsr>)rscNr^CN(^fN(NtNr^rNrN(Nrsr^
I
>
00
Ov
ON
X
1— <
u
o
e
*m
«
^
s
■55
l-M
Ll.
H
.r:
-<
00
^
3
£
■5
^
•a
l_J
O
U
^
o.
D
I
3
at
■8
>
S
as ^
•a ^
■a Si
to. Z
o ^
z
■3|
as *<
<
00
00
r-
5
(N 00
^ 00
00
r-
00
00
00
OS
O
Z
a:
u
z
u u
z z
o
z
z
z
o
-^
vo O
o
o
^-
r^
1^
t~
1^
l~
r^
l~
t^
r~
t^
<JS
CT-
OS
OS
OS
S
5
OS
OS
OS
00
00
SO
00
o
00
00
00
00
so
o\
OS
O
OS
OS
OS
OS
OS
o
o
o
o
—
o
o
o
o
^
t3 O £ o o
^ D. " a. D.
O <W <<"
O O tj o
o. o. .ai, s.
t/J Cfl C/3 Cfl tfl C/3 &C
w~>
"/-s
«/-!
rsi
r-1
rvi
OS
OS
OS
Oi
c>:
Oi
o
u
u
Z
z
Z
z
—
—
—
^
^
^
ZZ
ei
^
ai
Z
ai
U
Z
c^
^
u
z
OS
U
z
r-i
r»s
rs
f^
m
m
rs
On ffN OS
Qi
a:
o:
0:^
«
o
u
o
U
o
z
z
z
z
z
so
w^
1/^
w^
W-1
CJ
z
>
H
U)
b
m
m
m
■<
i/^
w-1
»n
■^
t
■^
i/j
a:
o:
Oi
C;
o
i;
U
z
z
Z
.J
so
so
so
ca
o
o
o
s
rsi
(N
rs
cu
«8
r^
oo
r^
J
o
o
o
o
O
K
Z
Z
Z
Z
Tf
':r
s*
o
u
o
o
u
<
<■
<■
u
s;
CJ
w
z
Z
z
?
(N
fS
fN
Q£
Tf
Tt
^
TT
■^
t
^
SO
_-
r^
r-
r-
r~
t^
1^
t-
w-i
n:
ai
oi
0:!
cd
oi
oi
oi
CEl
o
U
U
CJ
CJ
U
U
CJ
6-
u
z
Z
z
z
Z
z
z
z
u
/:
r<i
m
r^
r^
r^
f*^
f*^
o-
D.SO
(N
r-i
fN
fN
r^
fN
(N
^«
f2
fN
^H
^-
^^
^"
^-
^^
^-
^H
^-
!J
z
a! OS
tj U
z z
so so
OS Q!
u u
Z Z
so so
o: oi
(J u
Z Z
so so
O — fN m 'r iri
tS Os 0> Os OS Os OS
CJ
<
<
d
Bi
Cli
OS
OS
Oi
q:
ca
Qi
CJ
CJ
CJ
CJ
CJ
CJ
(J
u
u
z
z
z
z
z
z
z
z
z
o
o
o
o
o
o
o
o
o
r»
CN
(N
rs
(N
(N
(N
CN
(N
cr
*"
"■
""
^
^
"■
•~
•~
""
Oi
u
t*s
o
_
fN
f^
SI-
irl
so
C-3
o
O
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
IB
5
>
so
so
so
so
so
so
so
so
so
C )
CJ
CJ
o
C )
\)
C)
C)
o
<■
<•
<•
<f
<■
<f
<f
<■
<
<
CJ
u
u
o
u
u
u
u
CJ
r.
Z
z
z
z
z
z
z
z
z
tN (N CN tN r^ tS
■3
o
u
a.
■o p a
00
O
X -
Q -
Z £
cr o
& T3
5
1^
§■1
ox "
■§ =
S S
z z
is:
z
z z
I
<
as
Si
z
g- e-
o. c
S E
a a D.
SEE
E E
a.
E
Ed
U
o:
o
t/5
Cd
OS
-3
3£
z
z
BS ai 2i a; a:
U i; U U U
z z z z z
C^ C^ CS Cv C>
aiaiasaiosaiaiaia;
zzzzzzzzz
'— (S fN
rs
o ^v — —
a;
^
2i
^
2i
OS
<
OS
<
o
U
^
O
o
^
:^
^
-i
^
^
/i
/i
^
o
O
o
o
O
sO
S3
r4
(N
fS
(N
(N
—
.~
—
—
—
—
—
o
C!
it
""
—
~'
~
~
""
~
Q
Z
_
tN
r^
—
W-,
_
rN
"J-
n
/
^
-s^
-v
•^
-v
>
>
U3
o
O
\D
O
O
o
O
?:
u
;;
;;
;;
z;
<
<
<
<
<
<
<
w*
O
N-/
;^
s-J
o
O
a:
z
^.
>^
A
>:
>r
/.
—
_
>
r^
CN
rN
rs
rs
rs
Ol
■7-
^ 5
- 'J
~
sO
vo
o
o
vO
"7
a:
z
a:
z
B5
a
z
a:
u
z
U
Z
2
2
3C
~\
oc
o
o
OC
o
oc
o
oc
o
(N
fN
X
es
cs
(S
ts
tN
/^ — (S
o o o
= C O C: =
r-. r-. _ _ _ r^
p = C O O O
^ s
s s s s s s s
I
-J
z
"^
o
o
o
o
c:
=
o
=
c:
c:
o
o
o
o
o
3
o
=
E
C
r )
' }
o
: )
D
o
C;
C>
:)
^
; J
;;
C;
;;
'•J
y
O
-
E
<•
<
<■
<■
<■
<■
<•
<■
<
<•
<
<
<;
<
<
<
<
<
C
^3
u
o
o
o
;j
u
O
U
O
^
'■~>
'■->
o
D
^
o
o
o
y
<
z
z
z
z
z
z
Z
z
z
z
z
z
z
z
z
z
Z
z
■^
<■
<-
<-
<■
<■
<■
<•
<■
<■
<^
<■
<■
<•
<-'
<
<
<
<
<
<
z
V-,
v^.
"/-I
W-,
w".
W"l
»/-.
W-L
1/-1
v-i
!2
1^1
'^
l/-^.
W-.
w-i
w-^
)
00
o
C^
X
"■
u
^'
Q
^"
z
c
CO
^
u_
I-
Q.
u
u
J=
o
4)
"3
a£
■o
>
o
a.
&
<
^ E
E _
.ii ^
i= E S
T3 p D.
S-i: £
u a
u
Q
a
H
s^
Si
X
c
<
■a «
!«
z^
s
J s
ts ^
Z
t
n
§■3
E«
H
C M
d -o
E S
^^2
3j a.
^
X%
IM
ox '-'
<
m
t/-,
-
i^
-
Z^.
-
v-i
i/"i
Vi
Z^
-
w-i
-
w-i
I/-.
"/-.
1/^
•rl
|/^
f/^
B.
Z^.
iP^
»n
trt
v-i
a:
a:
a:
O
z
a:
z
Z
Z
z
a:
z
a:
z
a;
z
a:
z
a:
CJ
Z
a:
y
z
a:
z
a:
z
a:
u
z
a:
z
a:
y
z
y
z
a;
z
a;
Z
a.
z
a:
z
a:
Z
a:
Z
a:
y
z
o
o
o
^=
o
o
o
o
o
o
so
o
o
\o
o
\o
-c
o
so
so
o
o
o
so
so
so
CN
rN
rj
r^l
rj
r^
rN
fN
fN
fN
rs
fN
fN
fN
fN
rs
fN
r-i
fN
fN
fN
fN
fN
fN
fN
fN
(N rs M
OC 00 00
o
~
so
3
SO
so
so
o
so
so
so
so
so
so
3
O
s
so
Co
so
so
so
so
sO
so
^
^
•^
^
^
2
a:
Z
z
a:
z
a:
z
a:
Z
a:
z
a:
Z
a:
Z
a:
z
a:
y
z
a:
y
z
a:
y
z
y
z
OS
y
z
OS
2
OS
y
z
OS
y
z
OS
y
z
OS
y
z
OS
y
z
OS
y
z
as
y
z
OS
y
z
a::
2
as
y
z
a;
y
z
OS
y
z
OS
y
z
oc
oc
3
o
o
3C
o
o
3C
oc
30
o
DC
o
o
30
O
30
O
30
O
00
o
00
o
30
O
30
O
30
O
30
O
30
O
30
O
30
O
3C
o
00
o
£
so
so
so
fN
fN
fN
(N
fN
(N
fN
fN
(N
fN
CN
(N
fN
fN
fN
(N
fN
fN
fN
fN
fN
fs
fN
fN
fN
tN
fN
fN
fN
fN
O
o
fN
o
o
O
O
fN
O
o
(N
O
in
5
so
O
fN
s
o
§
fN
1
o
o
«n
o
o
o
30
o
fN
30
O
r^
O
o
fN
o
o
O
o
O
Z
z
Z
Z
Z
Z
Z
Z
Z
Z
z
z
Z
Z
z
Z
z
Z
z
Z
Z
Z
z
Z
Z
2
3
3
O
C:
o
o
C:
o
c:
o
c;
o
o
o
o
o
o
o
o
o
o
c
o
o
o
o
o
o
o
o
e
o
c;
z
<
o
z
<
Z
z
<
z
<
z
<
z
<*
z
<
z
G
z
<
o
z
y
z
y
<
y
z
y
z
y
<
y
z
y
<
y
z
y
<
y
z
y
<
y
z
y
<
y
z
y
<
y
z
y
<
y
z
y
<
y
z
y
z
y
<
y
z
2:
y
z
y
<
y
z
y
z
y
<^
y
z
y
z
<
<
<
<
<
<
<
in
<■
<
in
<
<
<
<
<
<
<
«n
<
<
<
<
<
1/1
<
<
<
<
<
■3
i
z
U
z
I E
■Ola
X -
M =■
Q -
Z t
> -S
mm U.
3 i:
Q.
3
OC w-j OC i/-t OC w-i
— 'J w 'J — 'J
5X)> 'i> M>
^ Di 3 Oi "^ cr:
— -3 « -a CC -O
« "i^ 2 ^ Jl X
OC w-t X »rt 00 kn
1, ?.
v: ;
— ao — 'J — y
™ -O ™ T3 S T3
J -J ^ -J ^ U
3 "S 2 "5 2 "S
vn :^ :/; u^ c^ u^
r^ 00 r- r^
CT^ O Cn Cn
II
2 ^ * S-
5^
!/l 'X,
a.
I
u in
C ox
£ t
a 5
z
C^ w~i ^
O T O
(N — cs
ai 0:: ai
U U U
2 2 2
s
1*^
w-i
\r\
s
4?
o
o
•ft
rN
(N
(N
-c
^
a;
ce:
ii
s
'7
'7
•3^
s
a; :£ a:
o
z
ai
z
ai
ai
z
a:
Z
u
Z
0J3 — — —
IN ^ (S IN _ rs
- ^ I- - ^ t-
Pi g ai ai -^ a:
Z J; Z Z u; Z
</% Cl W w-i c- oc
- £ 9 - E 9
- .y (N — 1^ (N
2:
^
ZC
^
Si
a:
a;
ai
lii
ai
a;
a:
oi
0::
ai
ai
a:
a:
a:
a:
as
z
z
z
z
2
z
2
Z
z
Z
Z
z
u
z
u
z
Z
Z
Z
z
CJ
Z
CJ
z
Z
^
)£
so
vo
fN
B
^
C^
(N
fN
fN
fN
(N
fN
(N
(N
(N
(N
(N
(N
(N
fN
fS
£
fs
«r\
1/^
tN
(N
(N
CM
(N
rs
z
z
z
^
ZZ
Z
Z
zz
Z
~
^
n
fN
I^
—
^
1
1
r-
3C
?
(N
£
1
5
(N
rN
5
C
IN
n
q
(N
q
(N
q
OC
fN
q
00
fN
q
00
fN
q
1/1
q
3^
1
^
g
g
i
(N
CN
r-
r^
f^
^
^
^
■^
<
<
<
<
<
<
^
^
g
U
<;
^
<
;j
'•J
<•
<•
<
^
^
^
^
^
2
Z
z
z
z
z
z
as
2
z
Z
Z
z
z
■■J
Z
z
z
z
z
CJ
z
CJ
z
CJ
z
CJ
z
CJ
z
<
<
<
<
<
<
<
<
<;
1/-.
<;
<
<
<^
<
<
<
<
<
<
<
<
<
v-1
<
00
Cv
ON
X
^-'
u
o
^
^^
2;
&
NN
c«
g
^N
u.
H
J=
•<
00
^
£
ri
^
^
T)
O
U
-3
Q.
D
•s
>
Of
!s E I
■9 9 6,
u ,>: a
E'
— 00 —
ai
a:
o:
a;
U
o
I.J
o
Z
z
z
z
(N
r-
o
r--
o
^—
o
r- r- 00 t^ t^ t-- r-
0^ 0^ 0^ O^ C^ 0^ 0^
r-r^oor-r-oor-r^oo
O00i/~i000</->000«/^
OOO — — o — — o — -^o
o
5
00
CT.
CN
<N
O
r-r-oor--r^oot^r^oor^r^oo
000>/-)000w-i000i/^000w~i
r^ — — rj — — ^r-i — -^(N — —
^
o u o
■!i,Si, o. D.
o o <<
o o "5 o o
6^^
t» u o u
.IL.Si, D..2i,.2i, S..-,.-, li
XI X Q.X X Q.X X Q.
o o <o o <o o <
•G t; £
.!i,.2i, o.
X^X^ Q.
O O <
^ o
o tj t» o t> t3 o
x'x' q.x'x' D-x'x' o.x'x' d.
O O <o O <0 O < O O <
m
Ov
O^
o^
OS
0^
ON
o
ON
(N
(N
<N
OS
Ov
ov
o.
Ov
U
Z
u
z
a:
o
z
O
z
O
z
O
z
o
z
Pi
U
z
o
z
a;
o
z
a:
o
z
z
a:
u
z
ai
O
z
a:
u
z
U
z
fN
^-
—
^-
^^
^-
—
—
I^
r-
t^
—
—
^H
—
—
<N fS (S —
On O O O O On
oOfNONm nrimn m r^ OOOOr*^ oOr^ r^ r^ ri
TTTT — 00 OOOCOOOC 00 00 r-)M(N(N0O 1-00 00 00 00
c< oc oii Q^ ai Cxi c< oi cd ai oi oi oi a ca c< oi ce: cc: ai
UOUU UUUU U U UUUUU UU U U U
ZZZZ Z2Z2 2: Z 2ZZZZ 2Z 2 2 2
nooo^--^ ■^rrr-'a-'^ tt ^ low^ivotri-^ ^t ^ ■^ -^
T'rl'^P PPPP 9^ 9? TTt^tP 7"9? 9! 9! 9.
oo — o oooo o o ooooo oo o o o
mriri^ r4(N*Nr^ ^ w-. ^^^^Dt-- t~-00 On o ^
C)
C)
C)
o
o
C)
u
o
O
CJ
CJ
C)
t)
t)
O
u
o
CJ
o
u
<■
<
<
<
<■
<•
<f
<
<
<
<■
<■
<•
<
<■
<
<
<
<
<
u
u
u
o
o
u
u
o
O
CJ
u
o
u
U
o
CJ
o
u
y
u
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
<
<
<
<
<
<f
<-
<
<
<
<■
■3'
<■
<
<
<
<
<
<
<
n;
w-i
w-i
to
■y-i
lo
l/N
tri
lo
to
to
iTi
to
to
to
to
"O
!C
to
■3
X
u
■O ? Q.
- i ?
00
o\
o\
X -
W d
Q -
Z fc
•- en
Si
if
i -
S -a
ex
Z
u
z
A
^
a:
O
Z
a;
o
z
o
z
z
o — —
CTn 0\ C^ O^ 0\ Cs CS On C^ ON Os 0\ 0^0^0^0^0^^
00 ;
> ^ > >
o t> o o
D. H, c. a.
■G o —
Si, D.
^■^^^^^^6^1
« 3 a;
T3 2Z T3
= ci ■=
S 2 S
UJ V3 UJ
I
o\
On
0\
OS
OS
Cs
OS
OS
OS
OS
OS
Os
OS
cs
r-1
a;
b;
a;
OS
a:
ai
Bi
a:
a:
ai
Oi
a:
a:
a:
ai
o
o
o
CJ
O
o
O
O
O
U
U
o
o
u
u
z
z
z
z
z
z
z
Z
Z
Z
Z
z
z
z
z
z
u u
z z
a: Bi
o u
z z
— . — f*-l
^- ^ fN
<s
(N
(N
(N
CN
CN
fN
(N
fN
r^
r-
r-~
oc
oo
w^
00
oc
00
O
o
nci
m
o
o
e
TT
rj
OS
O
o
r*^
f*',
m
rr
^
O
CO
•^
00
00
w-1
w-i
O
■<t
Tf
00
—
Pi
2=;
a;
a:
a:
Qi
a:
a;
a;
(N
(N
fN
—
—
t«
f^
—
—
—
—
r~
r-
^-
—
cti
o
o
o
l;
o
U
o
o
o
ai
ai
a;
a;
OS
Bi
a:
a:
a:
a:
Di
ei
a:
a!
a:
a;
O
X.
X.
z
z
z
•^
z
z
Z
u
U
u
U
O
E
u
o
o
u
u
U
u
;j
O
u
u
^
22
a
33
'^
«^
'VS
Z
Z
z
Z
z
§
z
z
z
z
z
z
Z
z
Z
z
z
rr
o
m:>
so
so
sf)
so
so
so
so
00
00
oc
cs
Os
T
-fl-
cs
'^
■^
rsi
rs)
r*\
00
00
•<r
o
U
fS
o
cs
cs
o
o
O
—
CN
Z^
o
o
o
o
O
O
o
o
O
o
o
o
~
~
=
o
^
^
^
zz
—
—
—
o
o
^
_
(N
T-.
sr
sn
SO
r~-
00
Os
^^
(N
r",
_
fS
S
(N
o
o
O
o
o
O
o
o
o
o
n
r^.
(S
cs
o
o
o
O
—
— ;
s
o
o
o
o
O
o
o
O
:^
S
S
S
•?.
■?.
■?.
>.
>.
>.
^
^
?
?
^
.vs
S
a
23
a
a
a
a
r-
t-
r-
r-
r~
r-
r-
r-
r-~
r~
r-
r^
r-
OJ
/N
cs
cs
CN
fS
fN
CN
fN
cs
fN
o
o
o
o
o
o
o
o
o
o
o
3
c
o
O
o
o
O
o
o
O
O
o
O
o
;j
;j
ij
s)
C)
')
<j
s' )
: )
c >
r)
C)
O
O
c
t)
D
r )
s' )
r >
; *
(^
C)
C)
c;
c;
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
fc
cd
<
<
<
<
<
<
<
<:
<
<
<
o
u
o
o
O
o
u
o
u
o
u
o
o
u
y
U
O
u
o
u
u
sJ
o
u
o
u
^
-^
/i
z
z
z
z
z
z
z
z
z
z
z
z
c
u^
Z
z
z
z
z
z
Z
z
z
z
z
<
<
<
<
<
<
<
<
<
<
<
<
<
<"
<■
s
Z
<"
<■
<
<
<
<
<
<
<
<
<
w-1
v-i
W-.
>/^
v^
V~l
W-.
W-1
w-1
w-s
I/-1
U-.
■/-i
B
Ed
w^
l/->
w->
w-^
W-.
w-i
m
u-s
W-1
w-1
vs
I
i o:
o b;
o o
o o
^z
T.Z
52
C f^
Sri
^^
U —
u --
£(5
^ B o
.5 3 £,
s^
>
E'
u
H
€.5
o
o o
o o
9* 9* 5-^ 99 9 5
(/J (Zl Cfl M
00 —
^ r^ <N •*■ f*i
fS ^ vp fN ^
00 — -^ 00 ^
z z
a: cc: ei Di oi
CJ u u u u
Z 2 2 2 2
-^
-^ 'O ■^
■^OO^-^OO^TtOO — ■^Tj-
UUOUUUUUUUU
22222222222
'i-
■*
a\
^o
VD
Tf
•o
>J5
(N
VD
Bi
CEi
oi
0^
Oi
as
0^
B!
oi
ai
u
u
U
u
u
u
u
U
\^
^.
/:
^
;i
^
z
z
Z
Z
(N ^ —■
(S fN — '
— ' 00 —
fN ^H
t~ —
Bi P^
O U
z z
o — —
O
z
00
^O
■fl-
Tt
'^
•a-
vo
■^
1-
vo
■<r
f^
a\
r^
oe
f^
r--
00
r^
OC
r^
f^
00
m
00
trt
w-i
«-»
»n
•Ti
</-^
tf^
»n
»ri
■fl-
00
f7v
W^
OV
On
a^
fTv
vt
o\
a>
a\
fN
•<t
[^
r-
r-
r^
t^
r-
r^
r^
I^
(N
^-
^—
0\
b:
Di
Di
oti
CEi
Oi
a:
a:
0!
ai
ai
oioi ai
«
ca
ai a: Bi
Q«
Oi
ai
ta
Bi
u
U
U
u
u
U
u
u
U
u u u
U
u
u U
u
U
U
u
(J
z
2
2
2
2
2
2
z
z
z
Z
z z z
Z
z
z z z
Z
Z
Z
z
z
fN
rs
fS
(N
(N
rs
fS
r4
00
tf
VO
VD
vo
VO
>o
«
vo
V5
vn
^-
fN
(N
(N
(N
(N
r4
(N
fN
(N
fN
fN
^^
_
.M
^^
^.
^M
.M
.«
^«
.«
_
^«
.«
, 1
»
^4
.«
, 1
^M
t~^
'^
^^
'^
^"
""
"■
"■
"■
""
^
""
"•
'^
'"'
""
"*
""
"■
^"
-^
r»
r^
■^
</-»
-O
00
(7\
n
^
^
t/^
\o
r-
00
00
00
M
00
m
r-i
m
m
m
f^
m
m
Tf
(N
(N
rj
(N
f^
f*^
r*l
f^
f*^
en
03
m
CQ
CQ
m
m
m
03
03
m
m
ca
oa
m
CQ
a
na
oa
m
CQ
CN
(N
y
U
U
EJ
u
u
u
u
u
U
<
<
<
<
<
<
<-
I-
f
<•
<■
<■
<f
<■
<■
•f
<■
<•
<f
<■
u
!J
<j
U
u
(J
u
u
u
CJ
u
u
u
z
2
2
2
2
2
z
z
z
z
z
z
z
z
Z
z
z
z
z
z
<
<
<
<
<
<
<
<
<
<
<
<;
<
<
<
<
<
<
<
<f
!C
W~l
w-i
M^
»ri
w-i
1/-1
w->
«/-t
tri
«n
1/1
I/-1
1/-1
w^
w^
1/-1
W-1
w-1
«r>
9
X
IS
y —
O. OS
. o
oei
O O
a -
I
^ o a
-is
oc
OS
X -
U d
Q -
Z £
Si
11
21
S u
^ -a
o.
•3
Z
2 o
35
a ^
E 2
= ^
as *■
? -
<
I
vO
o
■^
so
1/^
SO
SO
tN
(N
(N
(N
(N
z
z
z
a:
■-J
Z
OS
z
as
Z
Z
Si
Z
a:
z
a:
z
a:
Z
a:
Z
o
o
o
o
o
o
o
o
o
o
■<i-
o
M
r-1
r>»
(N
(N
(N
(N
(N
(N
(N
(^
(N
s
S
S
OS
u
z
z
u
z
o
o
o
(N fN (N
o
■^
o
■^
sc
o
T
»
-^
O
■^
s.'^
T
.-^
(N
o
o
-^
O
^
'-.
rs
r^
r^
3
X
DC
DC
r--
so
r-
sc
*n
r^
^
r-
3C
r-
3C
»
o
O
o
o
3C
:c
X
3C
CN
3C
3C
*/^
o
Cs
fN
(N
^
<N
tN
rs
rs
rs
rs
■^
T
■^
rs
»
r".
rs
rs
3::
Ce:
Sc:
a::
a:
ai
Oi
a;
£•
2^
a:
ft:
cr:
oi
Qi
a;
Si
a:
ai
a£
^
a;
OC
ai
cc:
ai
2i
ai
ai
a^
a;
ai
o
u
U
U
L;
U
u
O
o
U
O
o
o
U
U
O
o
O
O
^
U
O
^
^
o
U
O
U
U
U
o
O
2 2 Z Z Z
2
2
z z
z
z
2
2 2 2 2
2
Z
2
2
2
2
2
2
2
2
2
2
2
2
2
2
o
■o
o
o
3
•v
^
so
o
'T
o
^
o
o
C!
«/^
fs
sT
w-i
</^
vn
1/-1
1/-1
»/~v
o
o
o
w-i
•T
oc
ac
DO
(N
(N
fN
(N
—
(N
(N
(N
{N
(N
(N
(N
M
(N
—
o
—
—
—
—
—
—
—
O
""
—
"
—
rj
~
~
~
es
—
—
"Z
—
—
—
—
(N
(N
—
^
—
—
^
^
rs
rs
r^
—
—
c
o
o
-^
r-,
m
^
w-i
o
.
r-
■rr
v-i
DC
rs
rs
r^
«/^
^
o
r-
DC
^
^-
_
_.
^^
o
o
o
o
O
o
O
o
o
r*-
r",
r-,
rr
rr
r*-
•/^
w-(
==^
O
o
O
O
p
^
o
o
o
o
o
-
^
q
q
p
q
q
w
q
-
rs
r^
r^
r^
(N
rs
CN
rs
(N
rj
rs
fN
fN
rs
rs
r^
rs
rs
(N
rs
r^
r^
rs
(N
(N
rs
rs
.^
o
o
o
O
o
O
o
o
:_'
c;
o
c;
c;
c:
o
o
o
o
o
o
o
o
O
o
o
:.;
^
O
O
;j
Ij
; ;
; ;
; )
O
i;
C.J
O
O
O
;,J
U
O
O
O
;;
O
: )
'y J
: J
\)
^
^ J
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
O
O
U
u
U
o
sJ
'^
O
O
o
o
O
O
^
^
O
O
^
O
u
O
o
U
U
O
^
2
2
2
2
z
z
z
2
2
2
z
z
2
2
2
2
2
2
2
2
2
2
2
2
2
2
<
<
<
<
<
<
<
<
<
^
<
<
<
<
<
<
«^
<
<
<^
<
<
<
<
<
<
<^
M-l
•/I
"/^
1/-1
i/-i
t/~i
_|
v-i
«/-!
I/-,
1/-1
1/-1
>r;
\r\
M-.
—
w-i
W-.
W-,
t/-i
w-i
W~l
w.
W-l
</-.
I
>
3
a
fa 3
>
■a «i
•a I
I*
^i
I
u
z
I
9s
\0 ^ 'sO 'O ^ ^
00 00 00 00 00 00
B!
o:
oi:
Di
Qi
OS
(J
u
o
u
O
u
Z
z
z
z
z
z
o
o
o
o
o
o
7^
T^
t:
T1
T!
71
u
z
oi
a:
(K
a<
u
u
u
u
z
z
z
z
^
VO
00
o
O -t; O -t;
fS -^ (N (N
OO 00 00 00 00 00 00
fl fl (^ d
t^t^ooooooooooooooooo
n
fS
(S
(S
(N
(S
^^
^^
^^
^■^
^
^-
rs
CN
(N
(N
cs
(N
(N
cs
(N
rs
«
^*
^-
^H
—
^H
-^
^^
f^
ni
n!
oi
rti
f^
Cii
ai
0^
d
oi.
a:
Oi
oi
oi
a
OJ
Di
«
«
a:
b:
oi
a:
Oi
Qi
Oi
oi
Oi
oi
u
o
U
O
u
U
U
U
U
O
U
U
O
u
u
u
U
U
u
O
o
u
u
u
O
U
U
u
O
u
2
z
z
Z
z
z
Z
Z
2
z
2
Z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
00
00
00
00
00
OO
OS
w-^
■^
tn
m
irt
00
00
OO
00
00
00
00
00
00
00
m
in
in
"n
»n
w-i
CN
OS
o
6
d
d
d
6
^
ni
^
li:
^
d
d
d
d
d
d
d
d
d
d
n:
^
;:f
-
-
-
n;
(-h
o
_
n
^
irt
00
„
Tt
w-t
„
v-^
o
„
(N
^
m
\o
r-
00
o
^
(N
r^
Tj-
m
>o
(N
r-i
CN
fN
cs
(N
m
r^
Tt
o
C~>
C-5
o
o
o
o
v^
</->
v-i
M->
>jl
■J^
Vf5
VO
>o
^
'^
^
v^
\o
\n
sn
\n
00
OS
O
o
o
o
o
O
o
O
O
o
O
O
O
o
o
o
O
O
o
o
o
o
O
o
o
o
o
o
O
n
n
n
n
a
n
n
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
rs
ts
CN
cs
CN
fN
cs
rs
fN
(N
fS
fN
rs
cs
rs
(N
rs
rs
rs
(N
CN
fS
rN
rs
fN
(N
rN
o
o
O
o
O
O
o
o
O
o
o
O
o
o
o
O
o
o
o
O
o
o
o
o
o
o
o
o
C)
t)
D
C)
C)
rj
r )
C)
o
C)
C)
C)
CJ
;j
C)
c;
c;
U
U
O
O
O
O
O
u
O
O
O
U
<■
<■
<-
■a-
<-
<-
-3-
<■
<■
<I"
<■
<■
<■
<f
<f
<
<
<
<
<
<
<
<
<
<
<
<
<
<
t)
C)
C)
C )
C)
(>
C )
t )
C )
( )
t;
c;
o
u
(.;
o
u
O
U
u
o
U
U
U
o
u
U
u
U
Z
Z
z
Z
Z
Z
z
Z
z
Z
Z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
<■
<
<"
<f
<■
<■
<■
<f
<■
<
<■
<•
<■
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
w-i
V~t
iTi
v-»
m
>r\
vr^
w-1
>/^
!C
w^
w-i
v-i
in
»o
w->
■n
m
m
m
m
m
m
m
v-1
m
m
m
3
X
15
t
£ _
X -
o -
^
c
X)
a.
"3 i!
Z
o
f
93 !» M
si s: o
oi
z
o
U
z
X o o
■? "^ r-, o ■? rn
— — CN r*-, — t/~,
w> ^ ^ ^ ^ w*
z z z z z z
z z z z z z
X "T C^ (N CN rv C
z z
Z 2 Z
C ''"^ c
o — CN
rs (N r-i
o — fS f. r~. ^ i^. c: CN r'.
r^c^^csc>ffso — — —
<
<
z
fNfscNtNtNcscsrsrjfsrJCN
<<<<<<<<<<<<
ZZZ22ZZZZZZZ
<<<<<<<<<<<<
^r, 1/", uTi i/". 1/". I/-, 1^. t,r-, v/-. k/-, ;rf-, I/-,
CS(S(Nr>JrNCN(N(S
o
o
o
o
o
o
o
o
o
o
o
o
o
<^
'■.>
Cj
;;
;j
;j
O
^
^
s^
;_>
^
^
<
<
<
<
<
<
<
<^
<
<
<
<
o
^
u
u
O
^
^
^
^
'^
~J
z
z
z
z
z
z
z
z
z
z
Z
z
z
<
<^
<;
<^
<;
<
<
<
<
<^
<
<
<
>
)
90
O
ON
X -
U d
Q -
Z £
I— w
i -
e -a
^ u
U|
I
3
■s
a
1^
^ E S
'O e &
« (^ o
^1
Z
1-1
tN (N *N
a:
OS
o^
ce!
u
U
U
O
;<i
z
z
Z
o£
oi
Di
a:
oi
o
U
U
u
u
z
z
z
z
z
OS
OS
OS
OS
OS
f^ rj (N
0\ C* On
^ ^ t
I
^ ^ ^ t
«S
:a ::
::i i! :::
sO
so
SO
(N
so
(N
r^
fS
M
so
(N
rsl
(N
(N
OS
z
Oi
Z
Z
a:
o
z
OS
z
OS
Z
OS
z
OS
u
z
a:
o
z
OS
z
0^
u
z
OS
o
z
oi
U
z
oi
O
z
ai
U
Z
OS
z
OS
o
z
u
z
z
a:
O
z
O
z
OS
CJ
z
90
O
o
00
o
00
o
£
oo
o
2
£
so
o
so
00
o
so
o
so
so
so
o
o
o
o
o
fN
r-t
fN
rs|
—
(N
—
—
^
(N
—
(N
— '
(N
—
—
— '
fS
fN
(N
fS
rJ
o
sO
Q
r^
r-
(^
v-t
r--
w-1
in
o
w-1
00
rsi
m
r~
»ri
"n
w-i
w-i
o
«
o
o
o
o
o
(N
r^
00
T
Tt
^
o
■^
m
00
t
1-
m
TT
■^
rr
r^
o
o
o
o
o
o
rs
n-
OS
rs)
r^
r*^
^
O
r^
o
O
(N
o
00
(*!
-a-
o
n-i
O
00
o
o
o
00
fN
•^
fS
fs|
fs
^
fS
(N
(*!
fN
r*^
f^
(N
r-i
(N
m
—
r-i
r^
rl
—
-^
—
— ^
—
^-
OS
OS
OS
Oi
OS
OS
OS
OS
OS
OS
Oi
OS
OS
OS
OS
OS
OS
OS
Qi
OS
o:
OS
OS
OS
o:
a!
a:
0!
oi
Bi
U
ij
sj
U
U
O
'sJ
^
o
u
O
u
u
O
U
O
ij
u
(J
O
u
u
O
U
u
O
o
O
U
U
Z
z
z
Z
Z
Z
Z
Z
z
Z
Z
z
z
z
z
z
z
z
Z
z
z
z
z
z
z
Z
z
z
z
z
— d
o —
— 6
fS (N (N
^n
sO
o
r-
^
(N
o
rs
r-i
m
■^
■^
■<r
■^
w-»
1/-1
■o
\o
r-
oo
CA
w-i
t
o
m
m
rn
O
o
o
o
o
o
o
o
O
O
O
o
O
o
o
O
o
o
o
o
o
O
O
o
n
o
o
o
o
„
rj
r^
rs
(N
rs
(N
(N
rs
rs
r-t
rs
rs
(N
M
(N
rs
fS
m
M-»
W-l
—
/-\ /^ ^
(N r^ (N
o o o
C^C^C^QC^QC^QmQQ^
ZZZZZZi^ZZZZ
r>
o
Q
Q
Q
Q
Q
a
Q
Q
Q
Q
a
Q
Q
a
r4
r-t
(M
r^
r4
cs
rsi
p^
r^
r^i
fN
rs
fS
fN
(N
rs
o
o
o
o
o
o
o
o
o
o
o
o
o
O
O
O
;;
O
c;
t;
CJ
CJ
CJ
CJ
c;
CJ
Cj
CJ
CJ
CJ
U
U
<"
<^
<•
<•
-f
<■
-f
<-
<•
^
<
<
<
<
o
W
o
t>
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
O
U
U
O
;^
:^
Z
Z
z
z
z
z
Z
z
z
z
z
z
^.
^
<•
^
<r*
<•
<!■
-rf-
-*•
-V
-*•
<■
<•
<f
<■
-l-
«-*
<■
W-.
</">
w-i
1/-1
■n
■y-i
«/-.
1/-1
</-.
W-1
■n
«/-l
m
m
v-i
W*l
00
0^
O^
X
u
O
g
£
N^
ct
f
E
u.
H
JS
<
BC
^
2
^J
^
■a
a
U
i
B
3
a.
a.
<
TS o
<S
o
Z
o."3
I
O
z
5
X
■n o
6^
I
OS
z
a:
z
OS
O
z
o:
z
OS
CJ
z
OS
z
OS
z
Oi
z
oi
z
OS
z
o
o
o
o
o
O
O
o
o
fN
rs
rs
rj
r^
(N
(N
(N
(N
r^
o
r^
in
r~-
o
m
o
v-l
—
rs
\o
OS
OS
OS
u
vJ
u
z z
Z
2 2
— — (N
r^i o
OS
OS
OS
OS
OS
OS
o
o
o
u
o
y
z z
z
z z
z
v-1
ON
or,
00
—
fN
o
o
o
—
_
fN
o
(N
rs
""
"
o
n
o
tr.
o
!-)
o
o
00
00
(N
(N
SO
o
r-
n
O
O
o
o
TT
O
T
o ■<»•
o
o
o
o
o
o
o
o
o
o
OO
00
r^
o
r^
o
O
o
o
o
o
O
fN
fN
fN
(N
fN
(N
(N
fN
'T
■*
■^
'T
Cv
fN
fN
r^
fN
fN
fN
fN
fN
fN
OS
OS
OS
OS
o:
OS
OS
OS
OS
a:
OS
OS
OS
OS
OS
o:
OS
OS
a:
o:
OS
OS
OS
a:
OS
OS
OS
ai. OS
■•J
o
u
o
CJ
U
ij
u
o
o
o
o
(J
u
U
u
o
CJ
CJ
u
o
CJ
CJ
L>
y
CJ
u
U U
Z
Z
Z
z
z
Z
Z
Z
Z
z
Z
z
Z
z
Z
z z
z
Z
z
z
z
z z
Z
z
z
z z
m
■n
m
m
m
«n
•n
«/-.
fN
O
fN
Cs
CV
(N
fN
»n
00
o
oc
o
fN
(N
in
m
m
W-1
■n
-
m
m
o
fN
b
m w-i
On Cv CT^
— — — O
c
^
r>
r^
,-%
/->
""
~
Q
c
o
IN
fN
rs
fN
rs
fN
rs
r^l
r^
r^l
(N
(N
(W
f^
r-i
o
o
o
o
O
o
o
O
o
o
o
o
o
o
c;
c;
c;
Cj
c;
c;
c;
; )
Cj
C >
C )
C)
c>
c>
CJ
<
<^
<
<
^
<
<^
<^
<■
<■
<
<
<■
CJ
o
O
o
o
O
CJ
CJ
o
u
ij
L>
o
CJ
o
z
z
Z
z
z
z
z
z
z
z
z
z
z
z
z.
<
<
<
<
<^
<
<•
<
<
<
<
<
<
<
<*
— — (N
-~ —
—
—
—
—
—
'
-
1
z z
(N
tN
fN
fN
fN
fN
(N
fN fN
o o
O
o
o
O
o
o
o
o
o
o o
u u
c;
c;
CJ
CJ
CJ
CJ
CJ
CJ
y
^ "-)
< <
^
<•
<■
<■
<^
<•
<^
<
<
< <
CJ u
c;
c;
c;
CJ
CJ
CJ
CJ
CJ
CJ
CJ CJ
Z Z
z
z
Z
z
z
z
z
z
z
z z
< <
<■
<
<■
<•
<-
<■
<•
<
<
< <
V~i W~i
W-1
m
m
m
m
m
1/-.
w->
m
V~l »/~l
>
)
X -
H =■
Q -
Z 'C
u
«— u.
H -
•< so
I-
Q.
I
■3
X
I ^
^ 3 D.
- i *
3
£=*=
s .=
Z
a^
0^
O
z
Z
^5
<
— 00
a: 2; 2: 2: a:
z z z z z
o — —
— ^o —
rj fN
3C
X
a:
ai
a:
02
32
a;
a:
a:
a
a
02
a:
02
02
o;
02
U
U
i;
u
U
U
u
U
z
Z
Z
Z
Z
Z
z
z
z
z
z
z
z
z
z
z
X
00
00
00
-ji
VO
00
v«
00
■-o
r^
(N
rs
CN
<N
(N
fN
r^
rj
—
—
r^t
fS
—
rs
^
r-
r-
(N
r-
Di
a:
ai
a;
^
U
>->
-i
-i
^
^.
:>r,
30
~,
Vi
—
O -T O -T
=>
_
_
00
oc
r^ fN
fN (^
T
fN
-T
(N
-r
(N
fN
Wi
02 ::i
a; 22
a:
02
02
02
02
02
02
U
U U
ij
U
z z
z z
z
Z
Z
Z
Z
Z
z
o or- — — — o —
aicciaiaiaioiaiDia:
r^i rs —
Z 2 -i Z
o
z
2:
z
oc w-1 00
— o
— rs r-i —
— — o
o —
rs o —
— rs —
o — — —
o — —
ZZs-=- O'O'O'O'O'O'CO'
r^
fN
rN
•^
:i
^
Z
z
z
z
0000
o o
Cj
z z
O'CCO'O'O'O'O'O'O'O'O'O'O'O'O'
z
z z z
y
Si
^
>i
i?i
y
^
y
<-*
y.
z
z
z
z
z
z
z
z
z
<
<
<•
<
<•
<*
<■
<
-c
<
■3
X
2 -
■spa
H
3C
X -
U d
i £;
00
3
O
U|
■§1
§."3
e "
11
|£
as 5
<
I
OS
z
^
■*
JN
«
V3 K
W2 W3 K
va [/s US CO
w-^ 1/^ w-^ 1/^
v-1 ^r. tr^ 1/-1
—
^
o
o
VO
SO
o
vO
>£>
^0
■.o
^D
O
o
rs
fN
fN
—
—
—
_
—
—
—
—
—
z
a:
z
a:
z
a:
z
z
a:
Z
a:
Z
a:
Z
a:
Z
a;
Z
a:
Z
a:
Z
z
a:
z
a:
z
a:
Z
a;
z
a:
z
Z
a:
z
a:
z
a;
z
a:
z
a:
z
a:
O
z
Z
£
o
o
oc
o
oc
o
oc
o
oc
o
00
o
oc
o
oc
o
oc
o
oc
o
oc
o
oc
o
o
o
o
T
^
^
'T
■»
•^
^
^
'T
~
(N
fN
(N
(N
fN
(N
rs
(N
r-j
(N
fN
(N
fN
rs
rj
r4
rs)
fN
(N
r>)
rs
fN
(N
(N
fN
tN cN rj r^J (N r^ r^t
l/~l M-l «/-. t/^ V^ l/^ V^
a:
a:
a:
a:
a:
oi
a:
a;
oi
se:
a:
a:
a:
a:
a:
a:
as
a:
a:
a:
a:
K
ai
Oi
ai
0^
D::
a::
a;
a^
o
o
o
o
o
O
o
O
O
O
U
O
u
O
u
U
O
U
U
O
O
U
^
o
^
LJ
L*
o
L^
z
z
z
z
z
z
z
z
i-i
^
^:
z
Z
z
z
z
z
Z
Z
z
Z
:^
\c
:^
^
:<i
;^
^
>c
Z
T
00
00
oc
oc
oc
oc
oc
3C
3C
3C
:c
oc
oc
Of;
S-)
(N
r-i
(N
r^
(N
(N
fN
M
fN
o
o
o
o
o
o
o
O
o
O
o
o
o
o
o
o
—
fN
fN
o
o
O
o
O
o
O
o
—
~
"
Z
~
Z.
^
—
—
—
—
—
—
—
—
(N
fN
O
O
o
fN
r^
rs)
rs
fN
(N
rs
(N
(N
(N
r-
o
_
fN
^
•^
w^
vS
r-
3C
C^
o
(N
^
^
i/^
o
r~-
OC
^
^
o
o
o
o
o
o
r-!
o
o
o
o
o
o
o
,-1
n
r-
r~
r^
r--
r--
r-
r--
r-
r^
r--
oc
oc
oc
oc
oc
oc
f^j
(N
fS
r^
r-)
r^,
r^
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
O
o-
o-
o-
cy
o
O
o-
O
o-
O
O
o-
0-
O
ry
O
O
O
o-
O
o-
a;
ai
^
at:
a;
ai
ai
ai
a:
fN
fN
fN
fN
CN
fN
(N
fN
fN
r^
tN
(N
rJ
rs
(N
fs
r>i
(N
r^
i— '
o
O
O
o
o
o
O
o
o
o
o
o
o
o
o
o
O
C:
o
o
o
o
o
;_;
U
y
CJ
O
;j
o
'•J
O
;j
;j
;;
;;
o
c;
c;
;;
;;
;j
O
O
u
O
<
<
<
<
<
<
<
<;
<;
<
<•
<-
<•
<■
<■
<■
<•
<•
<■
<■
<■
<"
<;
<
<
<•
<
<
<
<
o
o
u
u
o
o
O
Cj
'>.J
;>
u
; J
;;
; J
o
'-.)
w
;j
;;
U
;>
'•,)
;;
o
U
;^
O
U
O
O
z
z
z
z
z
Z
z
^
^
:^
Z
z
z
z
z
z
z
z
z
Z
;i
^
:^
:^
:^
:<i
;^
^
-i
^
*-'
<
<
<
<
<
<
<
*--
<•
<^
<
<•
<^
<•
<
<^
<■
<;
<-■
<;
<
<
<
<;
<;
*-•
<
<
<
1/-1
^
!C
—
W-.
i/-i
«-l
U-,
«y-^
>/~.
!!;
12
'^
^
!l!
w-1
12
2
w-^
vn
W-1
V-.
in
1.^^
»/-i
m
w-i
w-i
<
>
3
2
a.
a.
ii
!s E I
I
.a »
l-S
K »>
I
(N ^ (N r^
U
oi
cri
o:
u
<J
u
^.
:^
z
a:
o
z
^ (N — —
a a. o. o.
^ ^ ^ ^
^ ^
Ov OS
6^
C« V3 CO C/l W5 ♦ ♦
O \D O ^O O
w-t <N »/-^ (N «r.
^ — so — so
SO O SO
(N M-^ (N
— VO —
in
«n
iri
o
u
z
u
z
o
z
0!
U
z
oi cs: es: Di a
u u o o o
z z z z z
Oi Qi tti
o u o
z z z
o
z
U
z
o
z
z
a:
o
z
a:
o
z
TT
■^
■^
•^
00 'J 00 'J- 00
o — o — o
•^ 00 ^
— o —
o
-1*
o
o
o
o
o
r*!
(N
(N
(N
(N
fN (N <N CN (N
(N (N (N
Z^
z
Z^
ZH
—
—
Z^
^
ON
0!!
o: ce; Oi
u o o
z z z
of
u
z
(N rs (N
o:
of
o:
Of
(.;
o
u
u
Z
z
z
z
U
(N (N (N (N
rJ (N r* (N
r^ — —
rs
r*
(N
r^
(N
(N
(N
fN
rN
o
o
O
O
o
o
o
o
o
o
U
U
U
CJ
o
O
O
c;
<•
<•
<■
<;
<-
•a-
<
<
<■
u
u
u
u
o
O
u
o
(J
z
z
z
z
z
z
z
z
z
<
<
<
<
<
<
<
<
<
o:
o
z
On CT> OS 0^ OS 0^ ^
-O \0^0^0^^0^^0'0 (NrJr-r^fS
w-i— „..w-^ir)^«tr> — '^ Tj-T^ — — ^
ce:ce^ Qicdodoiciice^aiDci C< 0^ 0^ a^ oi
UU OUUUUUUU CJUUUU
ZZ 22222222 22222
0^<j* — — "OO— ;0 — -t; OOtNOO
rs — ^ — -nrsrs— 'fS — — ^^_-^^
o — — w-if^ONO — — (NOs — r--oo -^
OOOOOO — — — — — 0(N00 (^
^^^_H^ — — — — ^ — r*-)\£)0000 —
ooooppooopo — — — — p
<<<<<<<<<<<<<<<<<
UUOCJOOOUUUOOUOUUO
22222222222222222
<<<<<<<<<<<<<<<<<
00
Ov
X
u
o
t
NN
CO
g
E
NN
u.
H
.s
-a*
00
3
^J
o
h^
J5
^
T3
1>
U
1
5
9
a
a.
■a
Pi
o
ir.
1 =
K o
f
u
o
CJ
-^.
i:
^
a:
a:
cs:
Di
q:
Qi
a:
o:
o;
Oi
a:
o: Qi
o
o
o
y
ij
D
O
u
vj
o
U
u u
i;
is
2
z
Z
A
A
Z
2
2
2
2 2
fN
(N
fN
fN
fN
rs
rs
rN
fN
—
xO
•o —
rs —
0\ \0 C^'OC^^OCT^^OC^^CT^"«OC^'^C^'0
r--t--r-r^r-- r-- x r^
Os O^ O^ O^ 0\ C^ 0^ Q^
\0 ^OsDO^O 00 IT) 00
O
St
4^ 4^ U 1> 4> W W
tJOtJOTjOtJOtjO^OtjO
H, D. H, D. H, D. Si, o-H, a. H, o. H, d.
J3 O,^ q..i: Q.^ Q.-C CL^ Q.^ Q.
O T^ O Tj
^ O T^ O Tj O tj
H, Q..H, S..H, S.-Si, D. i, a.;i, a
t! o t! o o
O < O ^-^
%
00
00
OS
00
OO
OS
00
OS
00
OS
00
OS
OO
OS
OO
OS
OO
On
00
00
00
o\
SO
so
so
SO
\r\
i/-t
a:
O
2
OS
u
Z
O
Z
u
z
ex:
u
z
O
Z
O
Z
u
Z
u
z
z
U
z
U
2
2
of
U
2
U
2
u
z
a:
u
z
oi
U
Z
a:
U
2
oi
U
2
tN
rN
fN
fN
(~>1
fN
fS
fN
fN
fN
fN
fN
fN
fN
fN
O
(N
o
fN
o
fN
O
fN
q
fsi
q
fN
o
2
ce:
CJ
2
o
a:
U
2
U
z
a;
a:
oi
a:
OS
oi
a:
a:
•a-
'a-
ce:
a:
a:
a:
a:
a:
a:
oi
O
u
u
O
u
^
u
;j
CJ
CJ
CJ
U
U
CJ
u
o
U
CJ
CJ
o
CJ
Z
z
z
z
z
z
z
z
z
Z
z
2
2
z
z
z
2
2
z
z
2
00
00
00
00
00
00
00
00
00
00
00
00
00
00
so
OS
OS
OS
OS
m
r^
o
o
q
q
q
q
q
q
q
q
q
q
q
q
fN
q
fN
fN
OO
so
fN
r^
V-,
_
_
w-i
fN
OO
_
_
_
Ox
o
r-
00
00
^
„_
fN
so
r~
00
OO
00
OO
o
r>)
fN
m
(N
o
o
rs
m
m
SO
r^
'^
1-
so
so
SO
CT>
d
r-i
r^
OS
OS
r^
o
o
O
o
o
o
O
O
o
o
o
o
O
O
—
^"
—
—
•~
""
•~
<■
<
<■
<■
<■
<■
<■
<^
<■
<■
<f
<■
<■
<
<
<■
<•
<■
<■
<
<
<
<
00
00
00
00
OO
00
OO
00
OO
00
00
00
00
00
00
00
00
00
00
OO
OO
u
O
O
V
u
CJ
O
o
U
CJ
CJ
CJ
U
CJ
CJ
u
CJ
CJ
CJ
CJ
CJ
CJ
CJ
<r
<;
<^
<
<^
<■
<■
<■
<"
<■
<■
<
<■
<
<
<
<
<
<
<
<
<
<
sJ
O
O
V
O
U
D
o
sJ
CJ
CJ
Cj
CJ
CJ
CJ
U
CJ
sJ
CJ
U
sj
u
CJ
z
z
z
y.
Z
z
y.
Z
z
z
Z
z
z
z
z
Z
z
z
2
Z
Z
z
z
<•
<
<-
<■
<-
<■
<^
<
<■
<■
<■
<
<■
<■
<
<
<
<
<
<
<
<
<
w^
»/-^
k/-l
1/1
«/-!
!C
!C
—
w-i
W-1
«/-!
1/1
w-1
w-i
1/1
in
»/-l
—
l/S
w-i
4
>
3
at
■8
S
1^
I ^
& E S
■9 e S,
« li; e
I
■a
J.
Z
g.3
36 c^ flc r^ PC r^
^ ^ ^ ^ ^ Q\
vi 00 t?^ 00 i7) 00
ooifioo ooi^ooinao
S J s s
ot; a:
O iJ-i O uj O uj
>
5 £ S 55s
; u;
> > >
O ui uj
\o ^ ^o
a::
z
z
oi
U
z
0:
z
a:
z
u
z
Z
U
z
1^
1^
r-j
M
fN
fN
fN
fs
(^
r^
2
2
00
00
00
vO
vO
\D
vO
SO
2
so
^
-o
SO
so
so
so
SO
SO
so
so
so
so
so
so
so
1-
(N
Oi
'•J
Z.
OS
z
2
a:
Z
z
z
a:
z
ce:
z
Ce£
Z
ce:
u
z
a:
z
a:
u
z
a:
z
a:
z
a:
z
a:
u
z
a:
u
z
a:
z
a:
sj
z
a:
u
z
a:
z
z
z
z
ai
CJ
Z
m
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
r^
fN
fS
fN
(N
(N
(N
r-4
rJ
(N
(N
(N
rs
(N
rs
rs
rs
rs
rs
rs
rs
rs
rs
fN
(N
rs
ts
00
30
00
so
rs
00
rs
rs
m
rs
rs
rs
rs
m
rs
ON
r-i
rs
s
rs
i
rs
rs
(N
(N
<
<
3C
<
00
<*
00
<
30
<
00
<
30
<
00
<
ao
<
00
<
00
<
00
<
00
<
00
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
Z
Z
z
z
z
z
z
z
z
Z
Z
z
Z
z
Z
Z
z
Z
z
Z
Z
z
z
CJ
z
z
z
<
Z
<
<
<
<
w-1
<
<
w-1
<
<
<
kr^
<
<
<
<
<
<
1/^
<
<
<
<
<^
<
<
<
00
Ov
X
^-"
u
o
g
£
N«
^
g
1
N*
fT
H
,r;
<C
00
^
3
2
^
5
■s
u
t
3
1 Si
^ E o
■a o g,
«* £
e
SOS
I =
¥ o
f
00
I
O^ ^ ^ ^ ^
\Q ^ ^ 'O 'O
\D ^ \0
vO ^ sD ^
CTn ^ CTv
^'0^^'0'»0'0^^*<0
vO SO >«0
z
(J
Z
Z
Oi
U
Z
u
Z
Oi
O
z
Oi
O
Z
Oi
z
z
Z
Oi
U
Z
Oi
O
Z
ai
z
Oi
u
z
U
z
z
a:
u
z
u
z
u
z
z
ei
O
Z
u
z
O
Z
a:
u
z
o
z
Oi
U
Z
o
z
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
oo
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
(N
fS
(N
(N
M
CN
rs
<N
(N
(N
rN
(N
(N
(N
(N
<N
(N
fS
n
<N
(N
fS
fS
fN
(S
n
(N
O
Z
(N
fN
rs
<N
CN
CN
fN
cs
fN
cs
fS
cs
cs
cs
cs
cs
(S
(N
cs
cs
rs
rs
rs
rs
rs
cs
cs
—
^-
Oi
o
z
•J
z
Oi
z
a
z
Oi
u
z
Of
o
z
Oi
Z
Oi
z
Oi
u
Z
U
z
Oi
U
z
Oi
o
Z
Oi
o
Z
Oi
Z
Oi
U
Z
2
Oi
z
CJ
z
Oi
O
z
Oi
z
Oi
CJ
z
Oi
CJ
Z
Oi
U
z
Oi
u
Z
Qi
u
z
oi
o
z
oi
O
z
o
o
■a-
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
■a-
o
o
o
O
o
O
s
so
£
rj
(N
(N
(N
M
rs
cs
rs
cs
r^
(N
cs
cs
cs
cs
cs
(N
tN
cs
cs
cs
cs
cs
CS
cs
CS
(N
cs
rs
o
O
SO
O
o
so
OC
o
(N
§
SO
(N
o
so
rs
rs
rs
cs
CJ
Ml
(N
2
cs
cs
00
cs
o
cs
cs
(N
(N
so
cs
so
rs
so
CS
so
CS
cs
so
rs
00
rs
so
rs
o
so
cs
cs
so
rs
SO
cs
00
(^
so
cs
so
(N
o
00
rj
rt
o
00
rs
<
00
<
00
<
00
<
00
<
OO
<
00
<
oc
<
00
<
oo
<
oc
<
00
<
00
<
00
<
oc
<
00
<
00
<
00
<
OO
<
00
<
oo
<
oc
<
00
<
00
<
00
<
oc
<
00
<
00
<
00
<
00
<
00
<
z
<
(J
z
^
^
z
u
z
z
Z
z
O
Z
z
O
Z
z
Z
z
u
Z
Z
Z
^
U
2
z
<
Z
<
V
Z
<
Z
<
CJ
z
<
Z
<
z
CJ
<
CJ
z
CJ
z
CJ
z
O
Z
CJ
Z
<
<
<
<
W-1
<
<
<
<
<
<
<
<
<
<
<
<
<
in
in
<
<
<
<
<
<
1/^
<
<
<
<
<
<
in
>
3
Q.
g E i
I
-I
o ^
Z
o ■
a,
S<
I
1 =
a o
g 5
9\
(N (N (S M
00 00 00 00 00
(N fs rs rJ
oooooooooooooooooooooo
ZZZZZZZZZZZZZ2ZZZZZZZZZZZZZ2ZZ
OOOOOOO'— — — — — ^- — — -*^fN(N(^<N(N(N(N<SrSfSr-)mr*-)
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOIXOOXIOOOOOOOOOOOOOOOOOO
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo
CJ
u
u
c;
t;
c;
C)
CJ
c;
c;
CJ
<.)
c;
CJ
c;
u
u
u
CJ
o
u
CJ
tj
o
u
y
CJ
o
u
o
<•
<•
<■
<•
<■
'f
<f
<■
<■
<■
<f
<■
<"
<"
<
<
<
<
<
<
<
<
<
<
<■
<
<
<
<
<
1.J
u
u
o
u
u
u
i;
!.;
o
u
U
i;
(.J
u
u
u
u
o
o
u
u
o
o
u
u
o
o
u
o
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
<
<
<■
<•
<i-
<•
<"
<f
«f
<■
<•
<■
<■
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
w->
t/-i
w-i
i/-i
w-i
l/^
vn
1/-1
u-1
lO
irt
w->
iri
w-i
w-i
1/^
w-i
«^
w-i
«/-l
"/-I
V~i
w-1
w-l
w-^
«/-!
i/^
■/-I
i/~i
w%
00
ON
W d
- 3
O
^1
T3
0)
■a
3
x;
o
u
3
as
■o
>
o
a
o.
<
■" S
s: E
S u
y >
E
■£ "3
g E S
•o o 5.
S* £
U Q,
H
&
J
5
ce
U
oe
X
g
o
<
■a i
ba
O
II
z
t
2 «
§■3
E«!
0^
H
II
^£
35 tt-
4>
3 c
¥
el
M*^
<
o
O
O
SO
O
o
O
so
o
**
\0
o
■hO
o
\o
o
o
00
o
2
OS
'O
2
U
2
z
Z
a:
2
Z
Z
Z
v
z
a;
z
O
Z
fN
rs
(N
(N
(N
fs
rj
CN
fS
fN
rs
rs
CN
(N
(N
(N
fS
fS
rj
(N
fs
fN
(N
CN
OO 00 00
f
r^
r~
r-
r-
r-
^
'S-
^
^
■^
o
OS
Cs
OS
ON
OS
OS
a:
a:
OS
o
u
o
o
i;
2
2
2
2
2
0\ 0\ C\ C^
vO o -o ^o
^ ^ ^ ^ ^
o
I
C/lCiOCncOCOC4C/3C/3U3
^ ^ ^- — r* *N
^ *o ^ ^ — —
fs rs fN (N
OS
Dei
OS
OS
o:
<J
o
o
u
o
2
2
2
2
2
OSOSOSOSOSOSOSOliOS
ouuooouuo
222222222
fS fN (N (N
fS (N (N fS
u
U
'O
2
2
2
-O ^ 00 SO
r^ r^ r-i r--
ON ^ >^ ON
^ \C) \o
>o ^ ^o ^
"O ^ "^ sO ^ ^ 'O
—
—
—
—
O
o\
OS
OS
OS
o-
OS
OS
OS
OS
OS
—
tr\
^^
^-
— .
^~
00
00
00
OC
00
oc
00
00
00
OS
a:
a;
OS
Di
ai
OS
OS
OS
os
a:
a;
OS
OS
OS
OS
OS
a;
os
OS
OS
a:
as
as
ai
OS
OS
OS
OS
a:
2
2
z
2
U
2
z
z
Z
2
2
2
2
o
2
z
u
z
z
2
2
2
z
Z
2
2
U
2
z
z
z
u
z
z
\D
o
^
so
— "
—
z^
"
Z
~
~
Z
Z
I!;
—
so
CN
fN
o
so
rs)
so
rs
rs
so
fN
o
o
o
o
o
(N
r*
r^
fN
rJ
(N
fN
fN
<N
fN
fS
fN
fN
rs
fN
Z^
rs)
—
^
—
—
fN
fN
fs
fN
rs
fN
rs
rs
rs
oc
CN
00
rN
00
(N
w
fN
o
fN
O
O
O
O
o
o
o
00
o
OS
O
o
r^
o
o
o
o
fN
o
o
o
fN
O
ry-i
o
rs|
o
in
O
rs
o
o
oc
o
fN
o
oc
o
m
o
oc
o
o
oc
o
sn
O
00
o
g
00
00
oc
00
OS
00
<
00
<
OO
00
<
<
00
<
OO
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
00
<
OS
<
OS
<
Cs
<
<
OS
<
OS
OS
O
OS
OS
OS
5;
^
^
U
OS
OS
^
^
^
^
^
<
<
<
<
<
<
<
<
<
'^
^
^
^
^
<
<
<
<
<
<
<
<
^
^
'i
o
2
O
2
2
2
2
z
z
2
2
2
2
2
2
2
Z
z
z
z
z
z
z
2
2
2
2
2
z
z
z
2
<
<
<
<
<
<
<
<
<
<
<■
<
<
<
<■
<■
<■
<■
<■
<
<
<■
<
<
<
<
<
<
<
<
»n
w-i
t/-i
^ri
w-t
w-v
w^
ir^
I^
w-i
w-i
HI
«^
s/^
to
w^
1/-,
w-s
m
m
w-s
>rs
•n
v-i
m
W-.
w-S
ITS
<
►
3
a
"8
>
Bi
id ^
!a E I
a.
>
Z
I
1 =
5 ©
4* Cj
— — r-
fS (N V
<N fS 0\
a
Oi
o:
o
o
u
;.i
;-j
^.
(>
CT-
^m
(N
(N
—
oi
a
a:
u
u
u
^
z
>:
o
r-~
r-
— — rNi
ON CTn Ov
O — —
^ ^ ^ ^
• M !/)
■c
la*
O
^ ^ ^
r<^
v-^ t/~, ^« «
^- — \0 W-1
00 00 O 00
u
u
u
u
/C
z
\c
y.
— — r^
Tf
'T
^
^
00
00
— o —
tT — Tj-
■^
00
00
r*^
Cs
■^
CTv
T
a:
o
z
z
z
a!.
z
z
o: a: cii
o o o
z z z
a:
o
z
a;
u
z
z
z
o
z
z
as
O
Z
o
o
o
o
—
V-l fN W-1
o — o
o
—
oo
rN
o
rN
O
r^
rN
(N
(N
—
rN rN fN
rs
—
"
^
rN
^
rN
<N
rN
00
r^
0<
z
OS
u
z
04
z
Oi
O
z
t^
r-
•<r
—
Bi
O
z
u
z
— — — rN
^-
^-
■^
^
a:
■<r
00
o
00
—
^-
rs
—
00
1
oc
00
o
00
o
'I-
00
o
00
o
00
o
00
00
y-i
in
00
ON
ON
ON
NO
ON
NO
ON
o
rr
r-
ON
NO
ON
NO
On
o
P-
U
2
U
2
a:
o
z
O
Z
z
cc:
z
Z
oi
U
Z
u
z
U
Z
z
o
z
of
U
z
O
z
O
z
O
z
u
z
U
z
ON
—
On
ON
ON
ON
Ov
e
o
^
o
NO
rs
NO
NO
rs
NO
rs
NO
o
NO
NO
NO
o
o
NO
^
^
~
^
ZI
~
~
«
^
Zi
'Z.
~
Zi
~
I^
—
I^
Z!
-"
zz
n
o
o
O
o
O
O
o
o
w-^
NO
o
o
r-
O
o
o
o
00
o
o
O
o
O
O
*n
— ^ — — fS rs
, ,
^^
<
<
u
u
o
u
o
o
o
^^
^^
^^
„^
„^
._,
.^
_,
^
3
-*,
?;
?.
^
•»
TT
vn
^
^
^
^
^
NO
■£
r^
f^
r^
r«~,
r^
fl
r^
r-^
r^
rn
r^,
r^
r^
r^
m
rn
m
rN
rN
rN
rN
rN
(N
fS
rN
rN
rN
rs
o
o
O
O
O
O
O
O
O
O
O
O
O
O
o
o
O
<J
O
O
O
U
u
u
U
U
c;
c;
CJ
!.;
U
CJ
CJ
CJ
U
CJ
CJ
CJ
O
CJ
CJ
CJ
CJ
CJ
CJ
<
<
<
<
<
<
<■
<
<
<
.2
<
<■
<■
<"
<
<
<^
<
<
<
<;
<
<
-f
<
<
U
o
o
o
U
o
u
u
u
o
u
o
!J
u
i-J
u
ij
u
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
<•
<
<■
<■
<^
-f
<^
*-^
-f
<^
<-
<■
<■
<■
<■
<■
<■
-J-
<•
<■
<*
<!■
<■
<■
<-
<-
<■
<■
XI
«/-^
w-i
W-1
w-i
w^
1/-1
1/-^
i/^
l/^
—
«/-!
w-^
1/^
w-1
w-^
ir^
w-i
w^
w-1
lO
w-»
w-i
w^
w-^
w-^
w-i
w-^
■3
X
2 -
^ E S
19 s a.
-is
X -
H o
Z £
si
ff P
D
s«
2|
11
il
c .t:
f
o;
a;
q:
O
O
o
2
H
^
I
■^ — —
ai
Z
Z
z
Z
z
O
CN
•-■
o
—
rj
(N
—
z
CN
tS (N CS
— C-
2:
<
2
C^C^ Cv OOOOOOOOOOOOOOOOOOOCNfNr*
.«_ .. _^M — _,__^_«_«_-__.._ — ___^ — _u^irti/-t
vC' o sO •=! rr r^ r-i r-. T-. f^. r^. r^. r-. r^. r^ m rr r", r*-, r-, rr r^ rr fN <N (n
t ^■f^'^T — -^ — -^w-, — ■^Of', — (N — (N^rsrs — — -^fN — — f^. -^
!C ^'^^c-JCN eOOO — — — r^^^w-^oc— r-acovoo — rs — — —
— =. — — q o 5 p =. p p p — , q q q q = P P p p ~ •" ~ ~ P ^ ^
< <<<<<a<<<<<<<<<<<<<<<<<<<<<<
Z ZZZZZ CZZZZZZZZZZZZZZZZZZZZZZ
< <<<<<J<<<<<<<<<<<<<<<<<<<<<<
v~i 1/-, I/-. 1^, ly-, 1/-1 jJ I/-; i/^i >y, i/-^, I/-, 1/-1 */-, IT", in </~, i/~i w^ w-1 t/", o^. in i/~i 1^. 1/-1 v*i i/~. v^
^
^
>
I
u
I
1
<
Text dilTen
from
proposal
RRC Status
Action Date
-1
z
V
■3 -
<
\^ \^ \Q \Q \Q \Q
« oi oi oi oi Di o;
U O U O U CJ u
z z ^ z z z ;2
M tS (N CN fS fN (N
O^CT^C^O^O^CT^^CT^C^
O^O^O^O^C^CT^C^O^^
c~-
r-
r-
t~-
r-
i^
1^
r^
r^
r-
I^
r^
I^
r^
i^
1^
t^
t^
t^
r^
t^
I^
o
z
OS
u
z
z
U
Z
O
z
z
oi
U
Z
Oi
u
Z
Di
z
oi
o
Z
Di
z
o
z
z
oi
z
oi
O
Z
Oi
O
Z
O
Z
Di
Qi
z
oi
o
Z
oi
o
z
oi
O
z
OS
o
ON
OS
o\
OS
O-
OS
OS
OS
OS
OS
OS
0\
OS
Os
CT\
OS
OS
OS
OS
OS
(N (N
(N
rN fS (N fN (S (N (N
fS (N (S (N
n (N CS
(^
CN
(N
fS
rs
fS
(N
^
•<r
TT
^
■^
■^
tT
■*
■^
■<*■
''I'
■*
-T
■s-
^
■*
1-
■*
T
■^
"3-
Tt
yr\
w-i
«*-!
w^
w^
w-i
v-i
(N
fS
CN
fS
(N
(N
rM
(N
(N
fN
(N
rs)
CN
CN
CN
CN
CN
CN
CN
CN
CN
(N
oi
Oi
Oi
Oi
oi
Oi
Oi
Oi
Oi
Oi
Oi
Oi
Oi
Oi
Oi
Oi
OS
Oi
Oi
Oi
Oi
Oi
Oi
oi
Oi
Oi
Oi
Oi
DS
u
CJ
c;
;;
(.;
;;
U
u
O
o
u
u
u
U
o
u
u
u
u
u
u
o
u
o
(J
o
u
o
u
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
z
z
z
z
•fl-
TT
Tf
-3-
'f
tT
^
■^
■cr
TT
TT
TT
■^
■^
•^
S3-
^
•^
o
o
o
o
o
o
o
o
o
o
o
O
o
o
o
o
o
o
o
o
O
o
O
o
o
o
o
fsl
(N
fs
fS
fS
M
(N
(N
CN
fS
(N
(N
(S
(N
(N
(N
(N
(N
(N
CN
CN
CN
cs
CN
CN
CN
CN
r<
CN
yTi
SO
r-
00
OS
O
„
^-
'—
, 1
^M
fl-
in
SO
r-
cc
OS
O
, — 1
(N
m
s3-
«o
i
■■c
CI
f^
TT
■<f
^
T
^
^
srr
'I-
•^
■■:r
S3-
-3-
S3-
•3-
■^
^
^
X
^
lid
;^
^
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
(N
CN
tN
<N
(N
(N
C-4
2
—
—
—
-^
"
— '
—
"
—
^
~
^
~
~
~
-"
-"
^
^
,
-"
^"
C)
C)
r )
D
D
t)
t)
o
u
a.
C;
C)
C)
C)
t.)
C)
U
c;
c;
c;
c;
c;
c;
CJ
O
y
U
O
U
O
u
u
<f
<■
<"
'I'
<■
<f
<-
<■
<■
<■
<■
'f
<■
<
<■
<
<■
<
<
<
<
<
<
<
<
<
<
<
<
o
o
O
U
U
o
o
s
e
O
O
O
U
O
U
U
o
u
u
u
U
u
O
U
u
O
U
O
o
u
u
z
z
Z
z
z
z
z
Z
z
z
Z
z
z
z
z
z
z
z
z
z
Z
Z
z
Z
Z
Z
z
z
z
<•
<-
<"
<t
<"
<"
<
.2
<
<
<■
<
<■
<•
<
<•
<
<
<
<
<
<
<
<
<
<
<
<
<
<
v-i
iri
w-l
in
ir>
m
w-1
w-i
!/->
W-1
yr\
W-1
«n
irl
iri
W-1
I/-1
w-i
w-i
w-i
w-i
w-t
w-i
w-l
in
m
m
m
00
Ov
On
X
u
O
g
c:
NN
c^
g
u.
H
r.
<C
00
re
■s.
■3
a:
ii
^ E I
■a e S.
si £
as a.
3
K
STrW
f
y
u
o
;<;
\c
z
(N (N (N
t^ r^ r- r- r* r- r*
On ^ ^ CT^ CT* Cn CTn
■O 00 v3 00 ^ 'S \o
o ri o ri o o o
t3
11
£ S £ S
cl a. o. Q.
w
^t
tt ^ ^
t
a:
U
z
Z
a:
U
Z
Of
O
Z
O
Z
z
u
z
z
Of
o
z
OS
z
a:
Z
o:
o
Z
z
§
ON
o
OS
o
§
§
OS
o
§
§
§
§
S
§
§
M
(N
(N
rj
r^
(N
fN
fN
(N
(N
r^
(S
(N
o
z
'•J
z
z
z
O
z
OS
o
OS
o
OS
o
o
OS
o
fN
fN
CN
fs
fN
<
z
< <
z z
g
■s
<■
<■
<■
<•
<"
u
e
t
z
z
z
z
z
so
so
o
r;
O
o
o
o
o
O
o
o
o
O
s-l
O
n
o
O
r^
TT
T
■^
TT
■^
'T
■rr
T
■^
■^
TT
TT
^
■^
■T
■<r
■rr
■^
■^
fM
(N
rs
fS
(N
fS
(N
rs
(S
rs
rs
rs
rs
rs
rs
M
rs
r^
rs
rs
4^
^-
—
a^
a;
a:
a:
ai
a;
a;
oc
a;
ai
ai
ai
a:
a;
a£
a^
ai
a;
a;
X
a:
a:
U
u
o
u
U
u
U
U
i.;
U
1.;
U
u
;.;
O
U
O
O
u
U
a
u
O
Z
^
^
^
^
Z
:^
;=i
/I
:^
^.
4.
;^
/=:
\c
z
Z
Z
z
;^
z
Z
■^
■^
''T
''T
■^
■^
■^
■H-
■^
■<T
^
•<T
"T
T
■^
■^
■^
■^
■^
E
so
so
o
o
O
O
o
o
o
o
o
o
O
o
O
O
O
o
o
o
o
o
<■
<
<■
<-
<■
<N
(N
(N
rj
(N
rj
rs
(N
rs
rs
(N
cs
fS
rs
r4
rs
rs
rs
rs
rs
C
z
z
z
so
z
z
—
—
O
r-
oe
CN
O
_
rs
rv-
■^
v-\
O
r-
oc
o
o
.«
r-;
_
3
r-
r
o
o
o
t.
r-i
tN
rs
fS
rs
cs
rs
rs
rs
!-)
o
o
O
r^
TT
T
^
-rr
■^
■^
•^
■^
■^
•T
^
■^
"^
^
T
o
O
o
o
O
O
o
o
o
o
o
O
.-;
r^
o
o
<
^
o
so
so
c
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
^
o
o
o
o
o
;.>
CJ
U
u
O
o
'-J
u
O
^
U
U
'-J
O
O
o
O
U
O
D
w>
u
U
O
^
u
<
<
<
<
<
<
<■
<*
<
<
<
<
<•
<■
<
<
<
<
i^
<
<
<
<
<
3
<
<
o
o
o
u
O
o
U
U
U
O
O
O
o
O
o
O
O
o
a
O
;j
sj
o
■■^
£
o
o
^
/i
:^
;i
Z
.c
'^
Z
2
Z
2:
Z
X.
2
2
-i
:^
:<i
:^
2
■s
Z
z
z
z
Z
z
Z
<;
<^
<^
<
<
<
^
<-
<
<
<*
<■
<■
<*
<*
<
<
<■
<
<
=«
<
<
<
<
<
u
<
<
!lj
>/^i
V-.
M-.
iC
^
1/-1
<^,
U-,
>/-i
i/-i
w-i
U-1
U-.
l/~l
un
w^
^
W-l
1/-1
w->
W-,
—
w^
a
<
I
11
'COS.
■ai S
>
B.3
W
I
aja.
3
00
00
(N 00
— 00
00
00
00
00
00
00
(N OO
— 00
00
00
00
00
00
00
00
00
00
00
00
OO
00
r-
oo
00
00
00
00
u
2
2
2 2
2
0^
2
Di
O
2
2 2
O
2
Qi
O
2
U
2
2
u
2
U
2
U
2
U
2
U
2
o
so
■o o
o
o
o
so o
o
o
o
o
o
o
o
o
o
(N
(N
(N (N
r^
(S
(N
(S (N
(N
rs
rs
(N
<N
(N
(N
(N
fN
^ Os ^ On CT^ On C^
0\ Os On 0\ 0\ On 0\
O XOTjOO tj^OO
> a> > >
o ^ o o
a. T3 CL-^ D. a ■=-,■=-, aaci.CL-:9CLa.a.a.CL.o.CLa.cxo.o.
r»5
CO M W W
VI Vi Vi Vi
(N (N fS (N
<NrS(S(NtS(N(NtN
(N (N (N fS
(N
tN
»N
(N
fN
(N
(N
(N
CN
(S
(N
rs
(N
(N
(N
CN
(N
(N
CN
fN
CN
fN
fN
U
z
z
u
z
(J
Z
u
z
o
z
z
z
Di
z
z
u
z
U
Z
O
z
Oi
u
z
Oi
o
z
0<
u
z
Z
O
z
z
U
Z
Oi
u
Z
b:
o
z
00
00
00
00
CO
(N
00
(N
00
00
(N
00
00
<N
00
<N
00
00
<N
00
fs
00
00
00
fN
00
(N
00
fN
fN
fN
fN
fN
«
E^
Oi
O!
oi
Oi
oi
Oi
oi
oi
oi
o:
Oi
oi
Oi
Oi
Oi
Oi
oi
O
o
o
O
U
O
o
u
O
O
u
o
O
u
u
u
o
u
u
z
z
Z
z
Z
z
Z
z
z
z
Z
z
z
Z
z
Z
z
z
z
o\
o\
ON
a\
OS
Ov
OS
OS
OS
OS
OS
OS
OS
Os
OS
OS
Os
OS
OS
so
so
so
so
t^
1~-
r^
r-
t>
os
OS
OS
OI
oi
oi
oi
u
o
u
U
z
z
Z
z
tN fN
O:: oi
so so so so
fN fN fN fN
— — CS
O Q
00 00
o o
CJ O
< <
z z
< <
o o
U CJ
— — fN
00 00 00
OO 00 00 00 00 00
I ^
1 =
u o
u -
« Q Q Q Q
e 00 00 00 OO
<
z
< <
2 Z
< <
< <
z z
< <
< <
z z
<< <<<<<<<<<<
z z
< <
Ov
X
u
O
g
£
N4
<n
g
■8
ii.
H
r
<!:
DC
3
O
c
5
^
•a
^
u
^i
■3
a:
2 -
■s p S.
2 «
o ^
Z
2 a.
§."3
■3
a:
I
o
2
OS
^
s
t
rs
(N
(N
o
o
r^
o
O
OS
o
O
OS
OS
o>
—
'T
a:
Oi
o:
OS
Oi
Oi
OS
OS
Oi
as
OS
O
U
o
u
O
c
o
U
O
L>
O
O
2
2
z
z
Z
z
z
Z
Z
z
z
^
-"
^
fN
(N
i§
00
(N
(N
00
o
(N
(N
rs
M
(N
(N
(N
h
^.
CN
(S
^_
CN
rs
E
OS
or, ^
■i 2
E t-i
I
o
o
Bi
O
2
W-^ l/~i W-| t/~l
(S
(N
fN
■^
1-
^
00
OS
^
•^
sr
t^
•a-
•^
^
•^
^
T
^
•fl-
■>]•
■<3-
t^
^
■0-
T
^
-"T
^
as
U
Z
as
Z
a:
z
as
!J
Z
z
a:
z
Z
a;
z
as
z
a:
Z
as
sj
Z
as
Z
as
Z
as
z
as
Z
as
O
Z
as
V
Z
as
Z
as
Z
as
O
Z
as
O
Z
a:
U
z
as
Z
as
z
a:
u
z
as
U
Z
z
Bt:
z
as
Z
00
00
22
- so
5 o
so
o
so
o
n
fN
so
o
so
O
§
CN
O
g
g
so
o
so
o
o
§
sO
so
C
g
so
o
(N
O
so
=3
so
o
so
O
so
O
so
o
o
o
o
o
.2
(N
rs
(N
—
—
(N
(N
(N
—
(N
(N
(N
(N
(N
(N
(N
(N
(N
CN
—
(N
(N
(N
(N
(N
(N
§
o
o
o
o
o
B
B
,0
w
O
O
^
r-.
O
o
o
O
O
o
o
o
O
oc
o
o
o
O
o
o
o
O
o
o
o
O
o
r-i
O
O
O
o
O
O
o
o
o
o
o
o
30
O
o
Cv
O
o
O
o
o
CN
o
3C
00
Of
O
o
O
o
3
o
o
o
o
o
o
o
c^
U
O
O
U
U
o
o
o
o
<
<
z
<
<
z
<
<
a o u
t z z
i < <
< <
z z
< <
O CJ
< <
z z
< <
< <
O CJ
z z
< <
< <
U sj
z z
< <
< <
o ;j
z z
< <
z z
< <
< <
z z
< <
< <
z z
< <
u
z
<
t
>
00
OS
OS
X -
U o
•< 60
"I
O.
I
I
£
i.
1 '•" k.
"I
11
Z
§.■3
1 =
cs o
on ^^
I
I
6
o
Q
O
^
C^
Q
(i,
w*t
o
Q
o
o
o
o
o
o
o
o
o
OS
o
o
o
Oi
Bi
OS
a:
Pi
oi
Oc:
«
o:
b:
Oi
ai
o
U
<J
u
00
c
00
u
U
U
o
o
u
u
U
Z
z
Z
z
'^
Z
:^
z
z
z
z
Z
(N
(N
fN
fN
iS
•^
<N
M
(N
(N
00
rN
(N
(N
o
(N
M
(N
rs
S
s
(N
(N
fS
CN
.-
(N
r-l
(N
u
a>
3
3
Oi
«
^
*
^
■^
5
■s
?
s
>^
rr
s
fi
00
<
<
o:
cc:
od
Oi
Qi
u
o
u
(J
U
z
z
z
Z
z
c
(S
(N
(S
n
(N
M
(N
(N
(N
ri
(N
£
b:
s
1
4
TT
-^
^
■<J-
■^
-^
■^
r-
■^
■^
■^
■^
■^
^
r-
•a-
^
1
T
^
'T
T
■r
■a-
TT
■*
t
t
^^
U
Z
Oi
U
Z
a:
O
z
O
Z
oi
U
Z
oi
O
Z
oi
O
Z
o
z
oi
o
z
oi
z
U
Z
oi
u
Z
b:
u
z
oi
O
z
Qi
o
z
b:
u
z
Oi
u
z
Oi
z
CJ
z
OS
z
Z
U
z
Oi
u
z
B!
U
Z
oi
o
Z
Bi
U
z
Bi
Bi
O
Z
b:
o
z
ai
O
Z
so
o
so
o
so
o
o
so
o
so
o
§
so
o
<N
o
o
so
o
so
o
so
o
so
o
so
o
O
so
o
so
o
so
o
o
so
O
so
o
so
o
so
o
so
o
so
o
so
o
so
o
so
o
o
(N
(N
CN
(N
(N
(N
(N
<N
—
^
(N
(N
(N
(N
(N
^
(^
(N
rs
(M
rs
rsj
(N
(N
cs
(N
<N
(N
rs
Z^
o
O
rs
o
fN
O
CN
(N
O
<N
O
O
o
O
o
O
o
o
O
o
o
O
o
O
o
O
o
o
O
o
o
O
o
p
O
o
p
O
O
p
o
o
p
O
o
o
o
o
o
m
o
o
o
o
o
o
o
o
o
o
o
m
o
o
o
o
O
o
o
o
o
o
O
O
o
U
o
O
o
U
o
^
U
o
^
O
o
y
O
o
U
o
O
o
O
o
o
Q
o
Q
o
Q
o
Q
o
Q
o
U4
o
UJ
o
o
o
o
o
o
o
o
o
o
C)
C(
C)
t)
c>
C)
C)
C)
C)
C)
! )
C )
C)
C)
C)
C)
C)
c;
;;
C)
c;
:;;
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
<
<
<
<■
<
<
<
<
<
<
<
<
<■
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
o
u
o
u
o
o
o
o
o
u
u
u
o
u
o
o
u
o
o
o
o
u
u
CJ
u
u
u
o
u
u
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
<
<
<
<
<
<
<
<
<-
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
w-i
w-i
w^
W-.
w^
>/-(
"/~1
«/~)
1/^
V~i
w-^
w-1
ir^
tri
1/1
iTi
H!
«->
"3
OS
1,3
^ B
00
a d
^1
Siz
o
I?
Z
§.■3
It-
's
f
DS
oi
b:
oi
o:
oi
b:
OS
o
u
o
o
o
O
o
u
■^
2
z
z
z
z
z
z
OS
O
Z
^ ^ ^
^
^
I- ^ ^
^
00
i
o
oo
o
-o
r^
^m
P-
vO
■^
■^
w->
w-t
o
r-
v~\
1^
o
o
O
yf\
IN
TT
I/-I
fS
■^r
(N
fN
o
o
00
—
^M
^^
fS
U-i
—
ON
w-^
(N
o\
W-1
Di
Di
ct:
P^
ai
ai
o;
Ce^
Cei
oi
cci
Qi
Oi
Oi
Di
Qi
(J
u
u
U
U
U
U
U
U
U
U
u
U
U
U
O
;2:
ii
Z
z
2
Z
2
2
2
2
2
2
2
2
2
2
•^
»o
■^i-
ON
r^
a^
o
^
i^
OS
OS
_
(S
IN
^>
r--
(N
o
es
—
*r
o
(N
—
—
o
o
^H
fN
^^
-^
(N
.—
.«
(N
2
(N
.-
_
(N
(N
fN
fS
fS
—
^-
^-
^-
'— '
—
^^
—
—
—•
.—
t— 1
^^
^^
^-
—
oi
u
z
z
^-
—
—
t-
^H
z
z
z
z
PS
z
>o
1"
r-1
^
o
r^
(N
z
fS
(N
(N
fS
on
on
.5
c
•^
iS
fcl
H
3
3
o:
oi
5
S
41
■S
•a
ii
?
is
j>^
^
<
<
Qi OS Bi
O U O
z z z
ON
OS
OS CO
o
(NOO^ — v^Ov — On'T — 0\m w-i^-^-mTf^ — 1/-S — — r-«T1"^^^^
DScdosciiajaSciiccioiaaioi oioioiJpioiQialDioialoiBiPioiQiDiDi
Z2ZZZZZZZ2ZZ zzzzzzzzzzzzzzzzz
mooo — — — r^ — SO'^^-""* ^HfO^-'^'-DSDm^-SO — rSSOsosDSOsosO
O-— OCSO^^T^^cp---— o^lpT^CNpOptNO'T^OOpOOOOO
(Niot^oo — — r^r-cer~t-oomo\o\os"-it^u^ci^ ggPJSSSS
oooo — — — — — <Ncsr-ir-inmmm^^'/^soso 2SSSS2S
pooppooooooooppppppppo PPPPPRH
oooooooooooooooooooooooooooooo
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
ZZZZZZZZZZZZZZZZZ2ZZZZZZZZZZZZ
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
I
I
>
00
OS
c^
X!
^^
U
o
g
£
NN
0}
g
B
■8
NN
u.
H
r
<^
OO
^
3
O
^O
^
•a
v
U
I
s
I
^1
Z
las
3
'5
r^ ro O —
00 (N Os r-i —
M-^ r^ r-i
w-i (J\ Cn ^- — — —
z
o
z
U
z
o
Z
ai
u
Z
z
z
z
oi
o
z
o
IN
O
S
o
o
n
fS
c*l
•«•
«/^
^o
r*
CN
CN
rs
fS
(N
cs
fN
fN
CN
(N
ON
z z
u
z
o
U
z
iri
1/^
1^
«o
»n
■^
«o
w-^
\n
«y^
v~t
«/^
v-^
»/^
w^
TT
Tf
rr
Tj-
'^
■^
•^
rt
TT
TT
^
rr
TT
TT
TT
•»
^
•a-
^
■»
f
■»
•a-
•a-
■fl-
f
■^
^
^
•*
ci:
a:
Qi
a:
o:
a
ai
OS
oi
a
Oi
OS
Qi
OS
«
o
u
O
u
u
u
U
u
(J
o
O
(J
U
o
o
m
z
z
Z
z
z
z
z
z
Z
z
z
Z
z
z
z
Qi
H
H
■o
o
^
^
\o
vo
^
^0
>^
VO
^n
vn
>J1
■~r>
>i5
o
o
o
o
o
o
o
o
o
O
o
o
o
o
O
(N
fS
fS
fN
fN
fs
fN
fN
fN
fN
(N
fN
fN
fN
fN
Q
Q
Q
.J
f— 1
o
O
o
o
o
o
Z
o
o
o
o
K
X
X
X
X
X
^^
,^
„
_^
_
■-»
•~-i
—>
.^
o
o
o
o
o
o
o
o
o
o
o
o
O
O
O
C J
CJ
;>
\i
;>
C)
C)
;>
c;
CJ
c;
c;
C>
c;
c;
O
bd
O
f
<•
<f
<f
<■
<■
<f
<■
<•
<f
<•
<
<
<f
<
u
u
u
u
u
u
U
u
u
u
CJ
u
u
(J
u
z
z
z
z
z
z
Z
z
Z
z
z
z
z
z
z
>J
<■
<■
<f
<•
<■
<■
<■
<■
<■
<■
<■
<■
<
<f
<c
•<
S
«/->
v-i
ir,
w^
v-1
w->
W-1
iri
>y~>
ir>
iri
w-1
irt
in
<<<<<<<<<<<©
ob ob ob ob w) ob ob ob "Sb cib ob ^
5 S c5 5 5 5 5 S S 5 5 <
>>>>>>>>>>>
bd
z
bd
O
00
Ov
Cs
X
u
o
^
J2
e
M
g
L"
x:
»^
(ij
N^
Lb
H
r;
<*"
00
1
3
H
O
ja
^j
^
T)
1 )
U
u
S!
'H.
&
•3
as
£
a
W >
g E I
-s o S,
tt* £
u a.
2
1^
o
g.3
s s
— — tN O — — —
(N
«/-1
O
so
c^
z
2i
z
z
O
Z
z
o
z
Z
Z
z
u
z
OS
u
z
2
2
o
o
d
O
T
O
o
o
o
n
tri
•n
V\
\r\
w-i
fN
(N
(N
r^
C'J
tN
cs
(N
fN
rj
fS
(N
(N
(N
o
II
o
z
a::
o
z
tNrS(N(N(N(N(NrjrS(N(N(NfSr^r-i
z z
z
z
0O9O0O3O0OOO0O0O90OO9O0CM0O3O
tNtNtN(N(N(NfNrS(NtS(N(N(SCNfN
fN iri iy-\
o o o o o
Cv O — (N
o — — —
Cv CN OS C>
o o o o
iy5
as
Q
OS
o
>
H
U
X
fid
?
5
1^
r-
r-
1^
t^
r-
r^
Q^
cv
CN
CS
ON
r>
fN
r^
oc
O
O
^
fS
r*
(N
(N
fc: t fe: fc t
tN
(N
rs
(N
fN
(N
(N
(N
rs
cs
(N
rs
fN
CN
rs
y
u
U
c;
c;
;;
C)
C)
t)
;)
C )
; )
O
r )
C>
<
<
<
<
<
<
<
<
<■
<■
<■
<•
<■
<■
<■
.J
o
U
u
u
o
u
u
O
u
o
o
o
o
:->
z
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
(N (N rs r^
rs rj rs cs rs rs
o o o o o o
V ■■•''' '
Q —___ — ___ — — rsrscstNcscs
Q 2:222:22:ZZZ2Z222:
o
4
►
00
)
<
u
J3
Qfi
9
O
T3
U
o.
I
u
4>
1
a
proposal
^
i
<
II
•pi u
o ^
Z
r.
V
H
il
i 1
e s
<
z z
— t^ I^ 1^
w^ r^ m fi
CEi Bi
m a: a a
o o o o
z z z z
■» ■>!■
O O
1^ ^ ■'t ^
o o o o
(N (N
(N (N {N fS
r- r~- r- r-- r- r* r^
CTv CT\ ^ CTn ^ On On
f^ f^ r^ ^ f^ r^ r^
U CJ U U 4> U
> > ^ > > > >
o o tj o o o o
u u Q u u. u u.
o. c-Si, o. a. CL a.
<N
fS
rs
rs
<N
fS
m
m
m
r^
m
fTi
"^^
rr
(S
(N
rs
fS
cs
fS
t^
r-
oi oi
oi
Q^
Oi
0£
oi,
cti
O U
O
u u u
U
u
z z z
Z Z 2
Z
Z
00
00
00
00
00
00
a\
ON
(N
(N
(N
(N
(N
(N
q
q
00
S
00
00
00
§
00
g
00
OS
o
00
g
00
g
00
g
00
g
00
g
00
g
00
g
00
g
o
z
U
Z
ai.
U
Z
ai
O
Z
U
Z
OS
O
Z
U
Z
Di
O
Z
on
O
Z
U
Z
04
U
z
0<
U
Z
ai
U
Z
O
z
f^
m
r*l
m
m
m
en
(^
c
•i
m
fn
m
r^
m
m
CN
(N
cs
(N
fS
CN
c-»
(N
CN
fS
fS
(S
n
o»
Bi CEi b:
u u o
z z z
B! B< a:
u o o
z z z
>
U
z
w
fi
n>
00
(7s
<
OS
SO
u
s
^
u
„
o
o o
o o o
it:
t
5^
(N rs fs
UJ
UJ
pu
a. cl.
so
o o o
O O U
o o o
O U U
ll
h
s
< < <
< < <
J3
.c
O
U CJ
U U CJ
t:
h
z z z
z z z
C/l
as
OS
SO
r^
Tt]
r^
[^
w^
r^
1^
r-
t^
r-
r-
t^
i^
r-
I~
r^
r^
t^
t~
u
(N
so
so
so
so
so
so
so
so
so
so
^
so
<i
so
>
t/5
ai
Bi
B!
oi
B!
oi
B!
b:
ai
b:
ai
ai
B!
oi
ai
b:
ai
b:
O
sj
U
CJ
CJ
u
CJ
u
U
u
CJ
CJ
u
CJ
U
u
CJ
u
Z
z
z
z
z
z
Z
z
Z
z
z
Z
Z
Z
z
z
Z
z
m
r^l
r^
00
oo
00
00
00
00
00
00
Tf
00
00
00
00
00
00
n
(N
(N
o
o
o
o
o
o
o
o
(N
o
o
o
o
o
o
(_j — cNrNr^irNrNrNrNrN— -(^rNrNO<rHrN
— fS
O O
^ (N (S
CN (N fS
X
H
<
X
o
o
a
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
-^
B3
D
D
D
D
D
D
D
D
D
D
3
D
D
3
D
(N
m
<*!
r^
»*i
m
(^
r<l
r*~>
m
m
nn
r^
m
m
r^
o
o
(N
o
o
O
o
o
o
O
O
o
o
O
O
o
o
O
CJ
U
CJ
u
CJ
U
CJ
CJ
c;
CJ
CJ
CJ
;j
CJ
CJ
CJ
CJ
CJ
CJ
<
<
<^
>t
<
<
<
<
<■
<
<
<
<
<
<
<
<
<
<
■o
CJ
CJ
Q
O
U
CJ
CJ
u
CJ
CJ
U
CJ
o
U
U
O
O
1-1
z
z
„ z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
O O g O
wk_ii_ik_j^^i_j>.^b_^i^^t_ji^^^^^^i,.^i^^<^^
as
^■2
Hi
'« e a,
- i ?
x -
Q -
Z. £
« re
- u3
5-3
D
z
t
2 ^
^1
11
a: s
I
o
z
z
_ >
tl
z
E _ _ _
s
S
<
E
I
§
<
Oy
C»
Q\
ON
V
CN
r^
ai
ai.
o:
ai
a:
ai
U
<J
■0
z
z
z
QC
z
Z
Z
f-1
r^
f^
c
f^l
Cs
r^,
E
(N
^^
rs
(N
^
(N
—
—
^
—
■—
—
,'.
5
I
i
ai
o:
*
Z
z
30
00
Cn
00
00
00
On
rt
00
ON
00
r-i
00
ON
00
o«
00
ON
00
0-
00
ON
z
z
z
z
z
ai
Z
Z
a:
z
a:
z
z
as
Z
ai
Z
Bfi
u
z
p^
f^
r^
m
(*)
r^
r^
pr
r^
n
(-N
r^
(N
(N
IN
n
r^
—
(S
—
(N
(N
M
fN
(N
as
Z
o
OS
u
Z
oe
o
< i^
t^
r-
r^
r^
r^
r-
r-
r--
C^
1^
3C
X
X
X
n
X
X
■sC
^
■0
\D
^
^
^
ai
a^
^
2^
c::
C£
a;
Si
ci
2^
oi.
oi.
3::
w*
'-'
*>
^
'wJ
^
u
u
;j
U
U
u
■^
^
^
-d
y.
^
:<i
'^
^
:<i
;<i
;i
U^
;;:
;^
^
•^
3C
zc
X
T
X
X
X
T
rr
X
n-i
T
X
^
X
O)
fN
o
fN
CN
fS
fN
—
CN
r-i
(N
—
(N
fS
(N
—
—
r^
—
—
fS
—
cs
NO
r-
nO
X
r^
3
c^
3
3
3
a:
z
a:
z
z
z
a;
z
2
2:
z
■z.
a:
2:
Z
oc
cc
oc
00
T
(N
X
X
X
X
X
X
X
CN
(N
CN
(N
=
^
(N
**
(N
rs
fN
fN
r4
(N
r-.
^
«^,
u-i
r-
r;
X
CS
£
-
0000000000
<
'^ o D ;j o
< < < < <
zzzzzzzzzz
< <
z z
o o
< <
z z
00000
< < < < <
<
<
z z z z z z z
u o o
< < <
u u ;j
2 z z
^
)
I
i
1
o.
a.
<
fi
11
Text dUTers
from
proposal
U
<
II
o
z
L
§■1
1.5
a ft.
1 =
M
<
«*i
z z
o
00 Z
c m
2 <N
a
u
z
as
00 ^
OS DS OS b:
(J U CJ u
z z z z
00
00
o
oo
On
O
00
OS
o
00
OS
o
00
0\
o
00
OS
O
oo
OS
O
00
OS
o
00
00
00
OS
O
00
OS
o
00
§
00
O
Z
O
Z
o
z
OS
u
z
OS
u
Z
OS
u
Z
u
Z
OS
o
z
OS
O
z
OS
o
z
O
Z
U
Z
Z
z
OS
u
z
r-l
m
f^
r'l
r^
m
r^
r-i
m
r^
C
C
r<l
m
f*i
n
n
OS
o
z
CN (N —
(N fS (N <N (N (N
E £
(N fS (N (N (N — '
5
S
^
2
^
5
s
u
s
E 5
^
^
3
SO
00
SO
00
so
00
so
so
so
so
SO
so
so
so
so
SO
SO
1-
3
so
3
oo
00
r-
3
so
1^
so
1^
so
so
o
OS
o
z
OS
o
z
a:
o
z
OS
O
z
OS
O
z
OS
Z
z
U
Z
OS
U
z
OS
z
U
z
OS
U
z
U
z
OS
u
z
Of
z
OS
O
z
a:
O
z
a:
z
OS
o
z
OS
U
z
OS
U
z
OS
o
z
OS
U
z
OS
z
OS
O
z
OS
u
z
OS
U
z
OS
U
z
OS
O
Z
U
Z
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
oo
o
00
o
00
o
00
o
oo
o
00
o
00
o
00
o
00
o
00
o
oo
o
00
o
■fl-
(S
fS
^
(N
--
fN
ZZ
fS
fN
fS
Hn
(S
(N
rN
fN
(N
(N
CN
fS
fs
fS
(N
zz
;^
fN
(S
(S
fS
(S
^
VO " — 1
^ — (N ni -^
00 OO 00 00
0^ ^ ^
O — — I
o
q
q
q
3
q
q
D
q
q
q
q
D
q
D
q
q
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
3
D
f^
^*^
r^
f*i
m
r^
r<i
r^
r^
r*^
m
r^
r^
m
f.^
o
o
o
o
o
o
o
o
o
o
o
o
o
O
o
o
o
O
o
o
O
O
O
o
o
o
O
O
o
o
C )
t(
O
C)
r)
C)
r )
r )
D
r )
r )
r )
r )
C)
C)
C)
C)
C)
C)
C)
C)
t)
C)
C)
C)
C)
C)
C)
C)
t)
<•
<■
<■
•f
<-
<■
<■
<■
<■
<*
<■
<*
<■
<-
<•
<
<
<
<
<■
<
<■
<
<
<
<;
<
<
<■
<f
o
u
U
u
u
u
u
o
U
u
U
u
o
o
u
u
u
U
!J
u
u
U
u
U
U
u
O
u
u
1-1
z
z
z
Z
z
Z
z
z
z
z
Z
z
z
z
Z
Z
z
z
z
z
z
z
z
z
z
z
z
z
Z
Z
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
00
Ov
ON
X
u
o
Q
""
z
c
ct
g
s
u.
H
.c
•fl*
00
^
3
•s
3
a
a.
a,
<
2 ,
H
St!
O ^
Z
gB!
OS Of
O O
z z
— so
I
*
H
s
'J
s
>.
g
<
00
00
00
00
00
00
00
00
90
30
00
oc
00
00
00
00
00
00
90
oo
00
OS
ON
ON
CN
CN
OS
f>
nv
OS
OS
OS
OS
OS
Os
OS
0^
OS
OS
f>
OS
o-
o
o
o
o
o
o
o
o
O
o
o
o
o
O
o
O
o
o
O
O
o
a:
Ctf
Di
ce:
oi
ai
a;
Oi
a:
OS
a:
Oi
OS
Oi
Oi
OS
Oi
SS
o:
a:
o:
'O
o
o
o
U
U
o
O
O
u
u
U
u
O
o
u
O
u
U
u
z
:<i
/:
:^
:^
:^
Z
:.c
Z
z
z
z
Z
z
Z
z
z
Z
nn
;^
z
z
m
(*1
f«^
m
r^
ri
r^
m
c
r^
r^
r^
c
f^
r*l
r^
C
r^
f^
n
f^
c
pn
c
m
f^
^
■^
B
1
1
fN
rs
r-*
(N
(N
(N
(N
r^
r^
r^
r^
rj
fN
(N
r>i
(N
(S
(N
r^
<N
(N
—
—
—
—
—
—
—
—
t
—
—
—
t
—
—
—
—
—
—
—
—
—
^-
u
<u
a>
U
u
s
s
s
s
s
*
^
^
^
?>
•^
*^
"d
*d
^
^
€
^
^
^
#
#
^
^
^
>>
>s
S"
?%
>s
y
y
0£
<
SO
<
^
OC
so
r-
o
00
OS
ON
r-
3
r^
3
00
r-
3
3
t^
3
OS
sS-
t^
3
t^
3
3
3
00
3
00
so
so
2
Z
a;
2
ai
2
2
2
a::
2
a;
2
a:
2
Oi
Z
a:
2
Z
Z
a:
2
a:
z
Oi
z
u
z
oi
Z
Oi
z
Di
z
Oi
z
Di
z
Oi
z
Oi
u
z
oi
D
Z
Oi
CJ
z
Oi
z
00
o
00
o
00
o
00
o
00
o
00
o
oo
O
OS
(N
00
o
(N
00
o
oc
o
fN
oo
o
oo
o
oo
o
00
o
o
00
o
00
o
oc
o
fN
00
o
fN
00
o
00
o
=
rj
(N
OJ
(N
CN
(N
rs
~~
'~~
"~
fN
(N
""
rsi
(N
fN
•~
tN
(N
fN
fN
-
(N
-
fN
fN
oc
O
fN
fN
tN
rs
(N
o
O
o
so
(N
fS
o
SO
(N
O
(N
o
so
(N
o
so
■/-I
o
so
fN
so
o
so
fN
fN
o
so
fN
00
o
so
fN
OS
o
so
fN
O
SO
fN
O
so
tN
SO
fN
3
fN
fN
3
tN
o
o
O
o
o
o
O
o
O
O
o
O
o
O
D
o
m
O
m
O
O
f*l
O
o
O
O
O
O
O
o
O
z
2
<
2
2
<
O
2
<
2
2
z
2
z
z
2
z
z
(J
z
u
z
u
z
u
z
<
z
z
<
z
<
z
<
z
<
z
Z
CJ
z
o
o
o
o
o
o
o
2
X
2
X
X
H
X
o
o
o
o
o
X
B
X
o
o
2
o
o
E
u
i-
£ -B
I
>
3
•s
>
e
o.
'S E
-I
H
>
Z
e '
Bi,
£'
V
H
«»"
I
s S
4* G
O
z
z
o
o
— 00
V^ 00
ai
U
Z
z z
a
o
z
o;
a:
Bi
u
u
u
z
z
z
>o
\o
VO
— fS (N
vo
t^
>sO
\o
r^
t^
1^
^^
ys
<JS
c^
c^
UN
a^
o
r^
o
o
:::;;;'
(N
(N
r^
o
r'l
r*-i
^-
o
^-
O
O
o
^
•G 2
^^ Q.
O O < ;
^
O w
u^ u>^ uJ^ It ^ ^
I
o. o.
u
bJ
c/^
&n
^
•»
^
$ 5
tu
u
u
u
w
U
w
td
u
Kl
»5
Cfl
«
IZl
tfl
c^
^
-:^
J
t-J
^
(J
J
^
Cfl
VI
M
C/3
ty3
(Zl
Cfl
C/3
!/3
o
o
U
z
z
z
«
•<r
vo
00
(N
o\
00
rN
(N
fS
(N
r-»
(N
00
00
VO
^0
vn
M
«ri
w-i
(N
w^
«n
w^
v-i
wn
w-i
rs
(N
'T
^
Tf
r<)
^
1-
m
T
■^
•^
'T
"T
'T
r*^
m
fS
(N
(S
Qi
OS
oi
o:
Oi
o:
a:
B!
«
OS
Oi
o:
oi
IX
oi
U
o
U
o
y
u
u
CJ
U
u
u
u
O
o
O
z
z
Z
z
z
z
z
Z
z
z
z
z
Z
z
Z
>o
00
00
VO
00
00
00
00
00
00
vo
^o
^
■<r
"*
in — —
z
z
b:
B!
b:
b:
b:
Qc:
Qi
Ce:
o^
0^
U
u
U
u
o
o
o
u
u
u
u
u
z
z
Z
z
z
z
z
;^
^
/^
;^
\c
„M
„M
„M
^^
_,
^^
_
»ri
^^
^^
(N
(N
(S
(N
(N
(N
<N
—
(N
(N
(N
o
O
O
o
O
o
O
—
(N
-^
^
—
(N
Ov
o
^
>o
so
o
so
OS
1^
»n
m
»r»
v-i
m
r-
OS
OS
OS
r--
OS
vo
—
fS
fS
r*
f—
(N
b:
b:
Bi
B!
o:
OS
b:
Bi
o
O
O
O
U
O
O
U
z
z
z
z
Z
z
Z
z
B!
(J
Z
— -^ (N
rs
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
r^
m
ro
m
m
ro
p-i
f^
r^
r^.
r-i
n-1
ro
m
m
m
m
m
r*^
(^
(^
r^
Bi
Di
Oi
b:
Bi
Bi
Bi
Bi
b:
Bi
a:
Bi
a:
Bi
Bi
Oi
b;
Oi
Bi
Bi
oi
oi
Bi
r^
m
n
m
r*i
m
r^
m
f^
f*^
m
n
m
O
o
O
o
o
O
o
O
o
o
O
o
O
o
O
o
o
o
o
o
o
o
o
O
■<■•)
C)
C)
C )
C)
CJ
O
O
u
u
CJ
U
O
u
(J
u
C)
C)
()
C )
C)
C)
r )
f)
<
<
<
<
<
<
<
<■
<
<
<-
<
<•
<•
<■
<f
<
<•
<■
-J-
<-
<f
<■
<■
o
u
o
O
o
u
o
o
u
o
o
o
u
<j
u
u
(J
u
u
U
u
u
u
u
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
z
z
z
z
Z
z
z
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
3
30
X -
U d
Q -
Z £
N« re
il
Q.
D
1^
z
g."3
|i
I
a: a; a: s: a a: o;
o o iJ o ij u o
z z z z z z z
z
z
a:
;^
z
a;
z
— — fN
t^
[^
C^
t^ t^ t^ t^
o
0^
0^
o OS a. ev
o
O
o =e o X
f-^
(N
(N
rq — (N —
^ t ^ ^ ^ ^ ^
•^
5
^
-5
5
< <
^ ^ -s-
— r» — rH
C < O <
I
CN (N fN fS fS (N (N
a:
z
a:
z
ai a; ai a: a; a:a:a:a:o:a: o:s:
z z z z z zzzzzz zz
o o o o o oooooo oc
^ — ^^ — TT — ■^ — ■^ — T
3:a:2:o:aia:a:a;a:a:a;a:
zzzzzzzzzzzz
— ^
a: a:
z z
v. — iri —
o X o oc
— TT — -T
a: a: oi a:
cj ;j o u
z z z z
I/-) vri — 1/^ w-1
sC O 3C O sO
a: a:
z z
a: a:
z z
a: a:
z z
r^
<N
CN
(N
(N
(N
rs o fN
— rj —
(N (N (N
fN rn o fN r4
DC CN O —
o o o o o
<
< <
< <
< <
<
<
< < < < <
ooooooocoo
<<<<<<<<<<
zzzzzzzzzz
<
z
^
3
2
a
2 ra
g
^
Z
I
1 «=
4» rj
fS rj CN (N r* (N (N
0^
O
z
o
2
u
z
o
z
a
o
z
oi
u
z
U
2
Di
U
2
o
2
O
Z
Z
PS
u
z
o
z
vo
—
\o
^o
^
\o
2
>o
VO
vo
\o
^
\o
(N
M
(N
(N
fS
fN
CN
(N
(S
(S
(N
(N
<N
Ov 0^ ^
^ 0^ CT^ CT\ ON
o
O
o
o
o
o
O 00 o
o
o
o
o
o
o
fN
fS
(N
ts
(N
fS
fS
fS
<N
— (N —
u O O
t ^ ^ ^ ^ t gt^ ^ ^ ^ ^ ^ ^
\0 \0 'O 'sD ^ 'O 'O
■^ TT -^f -"^ tT Tj- TT
fS r» n fN rs (N (N
^ ^ ^ ^
■"I- ■^ Tf -(r
CN (N fS (N
o
z
ai
O
Z
oi
Z
Di
O
2
a:
o
2
o
2
O
2
csi
U
2
u
2
OS
u
2
2
U
2
Oi
O
2
0!
U
2
o
o
o
o
o
o
o
o
o
o
o
o
o
o
fs
fS
rs
(S
(N
fS
rs
fS
(N
cs
rs
rs
(N
(N
»ri </^ w~i W-. «n tfi >/~i
i/~i <ri w-i >r> »n «/~i wn
"O ^ ^ ^ *^ ^ ^
^ 'O ^ ^ ^ 'O ^
(^ t*i r'l f*! r*^ f*i
f*^ r*^ f*^ r*! r^ f*i
a:
u
2
u
2
2
u
z
a:
u
2
a:
o
2
o
2
2
oi
U
2
2
o
2
Di
U
2
U
2
2
(N
(N
(N
CN
(N
fS
Ti
(N
(S
(N
ri
(N
<N
(N
OipiOiCliaiBipiOtfCiOiBiBiBjDi
2222222222222Z
Z
00 ^ —
oo o o ^
o
o
1^
o
o
o
QO
oo
o
00
o
00
00
o
00
o
00
o
00
o
00
o
o
o
o
o
o
o
o
o
o
o
o
•^
•^
zl.
^
12.
r^
m
m
r^
r*!
r^
fn
f^
r^
r<i
m
m
r^
m
vo
\o
ȣ)
\a
^o
VO
■o
«
»o
-«
>o
VO
<i
M3
^o
OS
OS
DS
OS
Oi
o:
Oi
OS
OS
OS
OS
OS
OS
«
OS
OS
OS
OS
OS
OS
o:
OS
OS
Qi
OS
OS
OS
OS
OS
r^
m
r-^
r-i
m
m
(*1
n
r^
m
r^
fn
m
m
m
r^
f*l
m
m
(^
r^
r^
f^
pn
(*!
(^
f^
r^
O
O
o
O
O
o
o
o
o
O
o
O
o
o
o
o
O
o
o
o
o
O
O
o
o
o
o
o
O
: >
r )
C»
C)
C)
C)
C)
C)
o
C)
C)
C)
C)
C)
C)
C)
C)
CJ
C)
I)
C)
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
<■
<■
«■
<■
<f
<
<■
<
<
<■
<•
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
CJ
U
U
u
U
CJ
u
u
CJ
■•J
CJ
CJ
CJ
CJ
CJ
U
u
u
u
u
u
ij
U
u
o
(J
u
u
u
z
2
2
2
2
Z
z
z
Z
A
Z
Z
z
Z
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
00
o>
ON
x
u
o
^
—
z
e
^^
«
M
s
"^
x:
^
OJ
U,
H
£
<
00
^
3
2
^^
^
T3
(I>
U
"3
■a
s
•3
O,
IE
2 -
■a p E,
1«
1 =
I
I
^
00
#
zzzzzzzzzzzzzzzzz
OS oi o: oi
u o u o
z z z z
OS a: OS ci: OS
o o o u o
z z z z z
«/-i tTj t/-l tn
fS
t~
«
OS
U
z
S3
>o
00 C?v O —
3
3
o
so
so
o
\o
3
rs
so
3
3
rst
so
SO
so
so
<>
so
so
3
3
3
3
^
3
3
?1
g.
o
OS
OS
OS
a:
a;
as
OS
as
a:
as
OS
OS
OS
OS
OS
a:
OS
a;
as
as
as
OS
OS
OS
OS
OS
OS
o.
cc
m
r^
r^i
r^.
r^.
r',
f*-.
r^
r^
r-1
r^
r-i
rr
f-.
r'.
f^.
r~.
r*".
r^
r^.
r^,
r^,
r*l
r^,
m
r^
o
o
O
O
O
o
o
o
O
O
O
O
O
o
o
o
o
O
O
O
O
O
O
O
o
O
.S
/-\
(N
U
U
c;
v^
O
;j
CJ
;;
u
O
U
CJ
O
s;
CJ
c;
s>
;;
c;
C;
C;
s.;
O
O
u
o
o
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
^
<
v;
;j
v;
O
O
w
O
o
o
t;
u
IJ
i.J
u
o
o
W
o
o
O
o
o
u
u
u
u
o
•a
fj
u
Z
z
z
z
z
z
Z
z
z
z
z
z
z
Z
z
z
Z
z
z
Z
z
Z
z
z
z
z
z
T3
:^
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
■o
s
o
I
►
3
•s
£
I "
2 -
Is E S
■a p &
>
.3^
" t5
I
1 =
BC O
tN
u
—
OS
fS
U
z
o
u
z
o
z
a;
u
z
5 S
t^ ^
^
CO
I
^ ^
ON
^
t::^
z z
u
ex;
oi
u
z
z
OS
o
z
u
o.
E
oi Oi
z z
o.
E
H
z
est
O:!.
u
U-
z
z
ON
w-l
OS
z
a:
o
z
^ 00 — '
ai
U
z
OS OS
u o
z z
z
u
z
o
— CN — '
" (N (N
OS
z
— . — (~
OS
u
z
OS Bi
z z
— t~-
OS OS
o u
z z
ON ^ OS
00
so
VO
00
00
r-
'T
•^
1-
r-
TT
Tf
■»
"T
m
so
n
rr
rr
■^
r^
TT
■^
■^
VO
fN
(^
Tf
^
^
r^
t
't
■*
t
OS
OS
OS
o:
OS
OS
a^
OS
OS
OS
OS
OS
U
u
u
u
u
u
u
u
z
z
z
z
z
z
z
z
z
z
z
z
o — — o —
>0 ^ vc
VO ^ ^
(N — — —
— rsrs-^ — (Nrsmmmr<)
0000— I — — ^ — — —
OXXXXKXX
(N {N rj f^
\Q \^ \^ \^ \Q \Q \Q
X X
X
so rs \o ^
0000
\r\ \o '-' ^^
X X X ^ ^
vO^'O'O^^^^
S S S < m m cQ
z
^
u o
z z
z z
o o
< <
z z
< <
z z
<: <
(J o
z z
■3
X
f
a: a:
o o
z z
z
u >
•a o a.
DC
Ov
X -
H d
Q -
Z £
T3
O
■o
o.
o ■
gas
3 ^
5i
a: S
5
^
©
♦
r'. rr r". t*^
X C C Q. C C
--^ = E E £ £
ce:
ai
Oi
oi
Oi
o:
o:
o:
a:
oi
o:
a:
oi
oi
oi
Oi
o
■,j
O
o
o
u
o
;.;
O
O
u
O
O
o
U
u
z
Z
z
Z
z
z
z
z
Z
Z
z
Z
z
Z
Z
z
Ov
c^
OS
w~>
l/^
w-1
>/")
W".
•/-,
"/^
1/".
v~\
w-^
V-.
tf-.
l/l
M
(N
rs
O
O
O
O
O
o
o
o
o
o
o
o
O
~
^
~
r^
tN
fN
rs
r^
tN
rs
rs
rj
fS
(N
(N
(N
o
§
o
o
Cs
so
so
so
^
as
oi
ii:
a:
Oi
a:
as
ai
ai
a:
ai
ai
Oi
Z
Z
Z
Z
Z
Z
O
Z
z
Z
z
z
z
z
z
Oi
Z
ai
Z
ai
D
Z
Oi
Z
ai
z
Z
Z
Oi
Z
Z
Oi
Z
Oi
Z
rs)
O
o
-
o
o
-
o
o
o
=
O
cs
o
o
rs
O
o
rr
o
-?
rs
>^
(N
o
>/-,
ai ce: ai a: ai
cj U O U CJ
z z z 2 z:
z z z
ai ai ai ai
;j O U O
z z z z
f*-. f^. r-. m
fN (N r^ tN
(N
o o o o
r^ rr O ^- rs T
o o o o o o
5C OC OC C^ C^ C^
o o o o o o
o o o o o
4
o i; o
< < <
O U i/
z z z
< <
z z
z z z z
w <
— u
< < <
z z z z z
<<<<<<<<
UOOOOO^sJ
zzzzzzzz
U i; O U
< < < <
o u o o
z z z z
o o o o
>
is S I
>
■2 I
I
U
Z
O
z
in
00 06 OC 00
^ ff\ ff( ffN
1/1 in i^ in
o — i o «
O O
o
o o
1
1
1
1
S 13 g
IS"
<o <
VJ
d =J cj
C/3 w cy3
Cn^OsO\OsOsOnOsO*OsC*ONOvCT\C>OS^OS
r*! rn f*! d f*^ f^ rn r*l f^
(*! f*i rn fi r^i r'^ rn fi f^ fi f^ e*i fi c*i f^ fi d r^
Z
Z
OS
z
Oi
u
z
a:
z
Z
Oi
Z
OS
z
Bi
OS
z
OS
z
OS
u
z
OS
z
OS
z
OS
u
z
OS
u
z
OS
z
OS
z
OS
z
OS
z
OS
2
0::
^
OS
z
OS
OS
z
tf-l
IT)
fS
(N
(N
(N
fS
cs
(N
(N
(S
(N
fN
(N
(N
(N
<N
M
fs
(N
(N
fS
<N
(N
(N
(N
(N
fN
n
^
O^CT^CT^CT^O^O^C^C^O^O\C^CT^O^O^O^O^CT^^O^O^CT^O^O^O^CT^O^O^O^
Bi
OS
OS
OS
OS
OS
OS
cd
OS
OS
OS
OS
0:
OS
OS
OS
oi
OS
OS
OS
OS
OS
OS
OS
OS
OS
OS
fN
OS
CN
OS
U
(J
u
U
(.;
u
(.;
u
c;
u
u
CJ
CJ
u
CJ
<J
u
CJ
u
CJ
u
u
u
CJ
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
z
z
z
z
z
Z
z
z
z
z
z
z
z
z
r-1
n-1
r^
r^
m
r*^
n^
m
n-)
rs-)
^*^
r^
r^
r^
m
m
n
ro
fn
m
r'l
n-1
f*^
f^
f*^
m
m
00
00
cs
<N
CN
fS
fS
fS
(N
fN
CN
(N
fS
(N
(N
(N
(S
fN
fS
fN
fN
fN
d
6
■/^
SO
r-
00
OS
r^
r^
■<r
irs
SO
rs
rl
•^
rn
fS
m
■^
»/-i
so
fN
f^
(N
(N
rN
r^
(N
fN
(N
OS
17s
<7S
tT>
<T.
OS
OS
OS
OS
OS
CA
On
fN
fN
fN
fN
fN
f^
r^
■!r
'^
I/-S
^^
-^
^^
•— '
— '
— '
fN
fN
Q
Q
Q
Q
a
Q
Q
a
Q
Q
c
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
r'l
fl
(^
m
rr\
m
r*l
m
m
m
r*^
r*^
(*!
r^
m
r<^
m
f^
[^
f^
m
r^
f^
r^
f^
r^
r^
r^
r^
c;
U
tJ
CJ
c;
CJ
c;
c;
CJ
<.>
CJ
C)
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
<
<
<■
<
<
<
<
<
<f
■a-
<•
<f
<
<■
<■
<
<•
<
<
<■
<■
<■
<■
<■
<■
<f
<J"
<"
<f
c;
<.;
t;
u
U
!.>
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
z
z
Z
z
z
z
Z
z
z
z
z
z
z
Z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
z
3
ii
t-t >
is
^1
oc
Ov
X -
a c
Q -
z e
>-8
& T3
-o
o.
D
o
Z
E«
2:S
a o
— C^ O
02 a: a:
z z z
o — —
Z 2
o
2
2
a:
2
ai ai
2 2
o —
—
—
—
o —
#
&:: Q^ ce: ce: ce:
u u u o o
2 2 2 2 2
o o o o o
rs (N (N
C^C^C^C^C^C^C^ 0^ Cs ON C^C^C^
•O O \0
— fN —
\D
O O O O 'O o o
— (N — (N — (N —
o
v£
SO
O O so
— . (N —
o — o
o
O — O — O — O
o
O
o
O — O
T3 o o
O < <
C A C- .i, C -^ C C
< o<c<c<<
c c- c- -i, c c
c c c ^ c^ c
< < < C < <
•5 C.5 £.5 C.5 c.'S c. -ii, c. c. -H, c. D. -H,
:r c-r c:.-r c-r c^- ci.^ cc ^ c-c. -c
S < S < S < & < :S < O < < 0<<0
1/^
#
fN
(N
fN
fN
fN
fN
(N
fN
fN
fN
fN
fN
as
z
Si
z
z
a;
'•J
Z
a:
z
32
z
a:
z
a:
z
a2
O
Z
32
z
32
z
32
z
32
z
32
Z
(N
fN
fN
fN
fN
(N
fN
fN
fN
fN
fN
(N
p
fN
■^fN^fN'VfN'rfN'^fN'^
fNfNfNfNfNfNfNrSfNfNfN
— OC — 30 — OC — SO — SO —
a22:a:a:a2a2a232a2a:Bi
zzzzzzzzzzz
Bi 32 32 32
z z z z
3 O
A —
< a:
CN Cn ?v
(N rs tN tN fN
CN — —
a;
32
32
a:
22
a:
32
32
32
32
32
32
a2
32
o
O
O
o
O
^
U
O
O
U
O
O
U
U
z
Z
Z
z
z
Z
z
z
z
z
z
z
Z
z
5C
3C
oc
oc
oc
oc
oc
oc
oc
oc
cc
oc
rs
rs
32 32 32 32
cj o o ;j
z z z z
32
z
a: B2
z z
o o o
.2 S
fN fN fS
o o o
s s s ?
<
o o o
O C: O
O C O t
<
z
<
'•J
z
<
<
< <
z z
C;
o
;)
;^
;;
n
;j
<
<
<
<
<
<
u
iJ
o
o
o
■•
o
z
z
z
z
z
s
z
<
y
o
;j
<
<
<
o
o
^
z
z
z
<
z
z z
>
3
e
a
I >
2 -a
'Ops.
■m ii e
)
St!
>
1 =
=s o
Z
t^
r-
Cn On CT^ on On ^
00 O O O OtjOO o
O.C. 0. a. a. a.H,Q.a. a
^^ ^ ^ ^ ^ 6^^ ^
■B o tj o o
.!i, a-ii, o. D.
Xi Q.X) q. Q.
O < O <<
t3 5 o
n. U- U-
_ -Si, 5. o.
^
^ ^
CA CO V3 CA EO V^
W V3 W2
CO CO CO
CO VS (/I
(N rs fS CN
^- ^ CT\ O Cn
— w-i >/-^ w-t »rt
O -^ —
(^ cii Qi oi c^ o:
u u o o u o
2 Z Z Z Z Z
—
—
—
—
—
^-
—
—
(N
i/^
■<t
■*
^
■^
•^
—
fS
(S
ts;
O!
Q!
a
ai
DS
oi
oi
Di
oi
oi
oi
oi
0!
oi
Qi
«
ai
u
U
U
u
U
U
U
U
U
U
(J
U
u
u
u
u
u
z
z
z
z
Z
z
z
z
2
z
z
z
z
z
z
z
z
Z
\0 ^ ^ ^
rs fs fN
fs — ■ —
^ r<) (N (N
^
g
^
<-«^
c*
oi
cd
o;
a:
U
u
Z
z
z
z
m
■<f
>o
VO
fS fN — "
00
00
00
00
00
00
00
00
00
00
00"
00
00
00
r-
r~
r-
l~-
r-
t-
r-
r-
r^
r*-
r--
ON
ON
n
r*^
Ov
■^
•^
•<t
•^
^
T
•<r
•<r
^
T
1-
■^
■<T
■<r
rs
c^
c>
a:
OS
c»:
Oi
Qi
Oi
ai
Qi
QC
Oi
oi
Oi
CEf
ai
Oi
cd.
CE^
a;
Oi
Di
Di
oi
Bi
u
u
u
u
U
u
u
U
U
u
U
u
u
U
c;
U
U
u
u
U
U
U
U
>i
z
z
Z
z
z
Z
z
z
Z
z
Z
Y,
Z
:-i
^
;<i
;i
^
:^
^
Z
z
»ri
I/-1
w-l
1/-1
w->
w-1
irt
w-»
v-i
w-i
v-i
»*-i
w-i
v-i
00
00
CA
m
(N
n
^
^>
u
^^
—
_«
^«
—^
fN
(N
'^
'^
""
^"
s
1
""■
"■
"■
•"■
^^
i
^"
^"
q
00
q
_
fN
(*1
■^
l/^
VO
r~
00
ON
m
-/)
rs
r-5
rr
Vl
's
00
q
rs
q
q
rs
q
q
q
rs
q
a
rs
^
S
S
S
?
S
5
5
3:
3
S
3
S
>
^
^
h
>
>
>
>
>
>
<
q
UJ
UJ
00
00
00
00
00
00
00
00
00
00
00
00
00
00
>/"i
w-i
■^
•^
TT
■^
"*
'^
en
•^
m
■/-l
•^
■^
U
U
CJ
U
CJ
CJ
CJ
CJ
CJ
c;
W
c;
CJ
U
c>
c;
1
u
CJ
<
<
<■
<■
<"
<■
<■
<f
<
<"
<■
<-
<t
<r
<*
<*
<•
<•
<"
<'
<
<
<
<
<
U
U
U
CJ
CJ
CJ
CJ
CJ
U
CJ
tj
U
U
u
U
t,J
u
■a
u
U
u
LJ
z
z
Z
z
z
z
z
z
z
z
z
;^
z
;^
;^
/:
2
:^
:<^.
;^.
;^
;^
^
z
z
z
z
CJ
i"
-■
—
—
'—
—
^-
^-
—
—
—
—
—
—
—
—
'—
u
— '
^
-^
^^
^-
—
1
^^
^
^
-"
^
3
X
u >
is ■'2
2 -
^ E S
^ o a,
u o.
00
ON
W d
Q -
Z £:
I— a
3 §
o.
i5
Z
2 ^
§.■3
E=^
|i
1 =
X o
<
a:
Z
o —
00 00
CN
cs
On
fN
00
00
o
00
o
00
o
ON
o
^ t
a. D. .:i, a.
HI
#
— « o
(N fN —
1/^ v^ 1/^ 1/1
ai OS
Z Z
a:
z
a;
z
ai
Z
a: ai
CJ O
oi a: oi Di
U 'O 'O U
Z Z Z Z
a! oi oi b; a:
u u CJ o o
z z z z z
r^ r^ —
— ; — (N
— — CN
tN (N CN
00
30
00
00
05 00 00
oo
oo
00
00 oo
90
00
oo
a:
z
OS
u
z
00
^- — (N
ON CN (N
— (N fN
o\
On
fN
fN
oi
OS
OS
OS
u
u
u
u
Z
z
z
z
— — — (S _ .
— — ^- — ^- — ^- ^^^^^O^^CT^
asasososososos a:o:aiasosasos
zzzzzzz zzzzzzz
fn r', r*-. r'. o o NO r*~, — — — — — ^-
fNjfNfNfN — ^-^- fNCNfNfNtNfNCN
0\
OS
2
\D
NO
NO
NO
NO
n
ai
U
Z
OS
U
z
OS
CJ
z
a:
D
Z
OS
O
z
1
•J!
00
o
00
o
oo
o
00
o
00
o
fN
fN
fN
fN
fN
— m ^ — „
o - X
r-, C — (N
^
o
o
o
^-
^-
■/-.
.^
f^
fj
.■^
fN
(N
fN
NO
NO
o
o
c
o
^
n
m
m
m
o
o
o
o
o
o
c
o
o
a
^
o
o
q
UJ
a
<■
til
u.
O
t)
; )
C )
r )
=t:
<•
22
—
a
—
—
CJ
O
'O
O
U
W-1
fN
r--
r-
r-
r-
r-
r^
o
o
o
r^.
r^
■^
'T
•^
■<i-
T
T
'^
--r
f
T
^
T
TT
TT
T
'i-
■v
•^
■^
^
1-
as
fN
O
O
O
nJ
U
O
u
;j
CJ
CJ
C J
CJ
CJ
CJ
o
CJ
Cj
;j
O
CJ
Cj
CJ
U
CJ
CJ
CJ
<
<
<
<
<
<
<
<*
<■
<■
<■
<•
<•
<■
<•
<■
<■
<■
<■
<
<
<
<
■3
<
<
<
<
<
o
O
o
o
o
u
o
CJ
c;
C J
C J
CJ
CJ
o
CJ
o
CJ
CJ
CJ
U
u
CJ
o
c
o
u
u
O
CJ
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
—
o
—
o
o
o
o
o
o
X
o
o
o
o
o
o
o
o
o
o
o
o
o
2
o
o
o
o
o
<
>
3
ft
"S
>
e
o.
u
z
z
z
is
3
" »
>
^ ^ ^
I
V)
-I
vO 'O \D
r* tN r4 fN
w-i w-i w-i w~>
w-i M-^ w-i ir^
tN (N (N fN
(N (S fS CS
o
o
o
u
o
o
u
z
z
z
z
z
z
z
Qi a: cti OS Qi Qi
u u u o o u
z z z z z z
zzzzzzzzzzzz
•^ Ov
ON
ON
■^
T
■V
•rr
■^
■^
TT
''T
■"a-
■^r
■^
■^
■^
■^
■^
■^
■^
TT
■^
ri — ^
^
::
fS
(N
(N
M
fS
rJ
(S
(S
(N
ts
cs
rj
tN
fN
r4
(N
CN
r4
rs
<
z
(N (N <N
^ a ai
u o u
z z z
<
\
<
<1
VO
[^
r-
a:
Oi
Di
Di
o
u
!J
U
z
Z
z
z
o
z
cs rs (N (N (N
OS CT^ Ov Cv ON 0^
Di OS
u u
z z
z z
Z Z
CT^^O^O^CT^O^'O^^^O^C^
"^
^^
"■
"■
""
""
•~
"■
'^
^^
^"
^~
"■
•~
""
^
•^
' — '
"^
~"
^"
^"
~*
""■
<i
■^
^o
r^
m
■^
w-1
so
r~-
00
Os
ri
fN
m
^
vl
so
r~
00
OS
o
o
o
o
o
o
o
o
o
o
o
o
O
sn
sn
so
sn
sn
so
so
so
so
so
so
so
o
o
so
so
so
o
o
o
o
o
o
o
o
o
o
o
o
o
o
O
O
o
o
o
r-
U
O
U
m
C3
B3
cn
ca
oa
a]
ca
oa
a
oa
ffl
a
na
pa
oa
oa
U
U
"
o
o
so
o
o
o
o
(N
rj
fN
CN
U
o
—
—
^-
^
^^
—
-—
—
—
—
—
^
^-
^^
^-
^^
^-
-^
^^
^
—
O
O
u
CJ
CJ
c>
c;
c;
(.)
U
CJ
o
c;
o
;j
o
u
u
(J
u
u
u
o
u
u
u
u
U
<"
<•
^
<■
•a-
<•
<■
<•
<f
<■
<f
<
<■
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
u
o
^
!.;
'.)
u
o
o
u
U
U
ij
tj
I.J
u
u
u
u
u
u
u
u
u
u
o
o
u
u
o
z
z
§
Z
Z
Z
Z
z
z
Z
Z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
o
o
V3
~
^
^
^
^
^
^
—
"
~
^
^
^
—
^
^
—
^
^
^
—
—
^
z^
^
—
3
X
1 1
is-?
I ^
~ I =
- i o
X -
Q -
W*§
•3
S-5
2 :!
3>
as -
Z
a: a:
z z
a: oi oi
y U O
ai
a:
a;
OS
O
U
O
u
Z
z
z
z
V^ W~l ly^ v~.
(N (N (N CS
Z Z Z 2
tN (N rs CN
r- H
i
a:
a:
z
a:
z
a:
Z
1^ S i^
o
s
C* f^ ^ t^ Cs
_ Cv .— Cn ^-
■o 2 ^ C 'S
o ^ o ^ o
•a
5
0X3 Q. M ~
< < <
^^^^^
IT)
#
— o — o — o — o
U 'o V O O O O O
ZZ22222Z
a:
a:
oi
Qi
u
CJ
O
U
z
z
/T.
;^
w-^
in
in
in
71
—;
T
t:
t^
r--
oiaiaiaiaiaiaiaiaiaio; a:aia:a; aia:
ZZZZZZZZZZZ ZZZZaaZZ
oooooooooqo 5oooo™-"00
(NfsrNrsrJMMrsfStNfN'xfSfNrsfN gj u^'^
5 ? ^
o — rs r-. -^ ^ ^
3C0CX3C oooo ^''^^^^bt ooooo
_______ oooo 3'-'-",'®5 _— — — —
--■■ ^ '^ u :j u z Z
— — — __ — — — ____ — — — — cNrs^ooooa.ci.c:oo o o o
<<<<<<<<<<<<<<<^<<<<-=-<<< < < <
zzzzzzzzzzzzzzz^zzzzSSzzz z z z
(
^
3
e
a
I E
i
a
*'<>:?
g§
I
la
z
I
<
o.
E
a.
B
o.
e
a.
B
(N
CN
CS
(N
(N
(N
cs
CN
r*
fN
CN
(M
(N
(N
(N
(N
fN
(N
(N
M
(N
<S
a:
u
2
2
2
2
Oi
U
2
u
2
U
2
u
2
U
2
2
o
2
O
2
z
o
Z
o
z
Oi
U
z
Oi
U
z
OS
U
Z
O
o
o
m
o
o
m
o
m
o
o
o
m
o
o
r-i
O
o
o
O
O
m
o
o
o
o
S
fS
(N
(N
fS
(N
<N
(N
fN
(N
fS
(N
r-i
(N
(N
(N
»N
(N
(N
fs
(N
M
fS
ON
5^ ^ ^
■ ^ Cr ^ t" ^
\ ^^ Cn ^^ ON ^-
5
s
5
I vO f*! »0
■ ~i O o
u
■s
5
- 1 vo
o o
.5 ..
o o o
■a
.5
VO f^ ^
o o o
S
5
; t 5n t" o^ t o^
- On — Cs ^- ^ ^M
f^ v^ f*^ v^ f<l ^
O o O O ^ ~
;^> >.> >. > >> > >^> >.> >*> >, >
I
,5
I
^ ^ i;:
0^ ^- ^
f*^ VO f*^
o o o
5
ON t 5n
— On —
•O f^ ^
o o o
O o
On
OO'^OUOUO^O'^O'^O
f^ >
c £ c g c
c e e u g t:
00 q. 00
< <<
^^^
y o y o a o
u a. u a. u a.
-s
■3
F g =
00 0,00
< <- <!
€ 5
o a o '^ o
^^^
■^
5
.§
o ,
S
u
•s
■ OS r^ CTi t
\ ^- CT\ ^- 0>
' o o
:5
^ t 5^ t
^- ON _ Os
v^ f^ \0 '^
o o o ^
ON
•S
u
:5
ON ^
OS ^ 0\ ^ <
^H CTs ^H On .
\o ^ ^ *^
o o o "^
•a
•5
u o u
= fe =
00 Q. 00
< <<
3: ? & ^ &
4i flj U W U
>>> >-.> >,> >.> >-»>
u-Cb-Cb.Ck.C^C^
CLU O-U CU CL-U CXU CL-
■3
c
\Ci r^ \^
O O Q
I
■3
'^0'0*«0^^'0\0*0\D'*0^vovO»0^'^^'nO^O*nO».DSD*OvOv^\0\0'0'^^^^O^OVOVO^VO*OVO'0^*0'sO^O
— O — 0«0-^0— O — O — O — O — 0«0— 'O— hO — O-^O — O— 'O^O — O — o — o^o^o
■^o^OTroN^ON^ON^ONTroN'^o^OTraN^ON^ON'^ON^ON'^ON'^ONTj-oNTfON'^ONTj-^Tj-os'^ON
22222222222222222222222222222222222222222222
(N
fS
fS
fN
fS
(N
M
(N
(N
rs
(N
M
tN
o»
(N
(N
rs
tN
(N
CN
fN
fN
b!
Oi
Oi
Oi
OS
oi
oi
oi
oi
Oi
Oi
oi
Oi
Oi
oi
oi
Oi
Oi
Oi
Oi
Oi
Ce!
U
o
u
u
u
o
u
u
o
u
u
u
u
u
u
U
U
u
o
U
u
U
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
2
»ri
w-i
w-1
v~t
w-l
I/-1
v-\
«/^
w-1
w^
I/-1
w-t
l/-\
«/~l
»/-l
w-1
'r\
w-1
l/~l
I/-1
v-\
v-\
O — ' —
o
o
o
o
o
o
a
o
o
o
o
o
o
o
o
o
o
o
~
-
-
-
^"
' '
00
00
oo
oo
00
00
oo
00
00
00
oo
00
oo
00
00
00
00
00
00
00
00
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
U
c;
c;
O
O
O
U
O
U
O
O
O
U
O
O
U
y
U
U
O
O
r )
<
<
<
<
<
<
<
<
<
<
<■
<■
<■
<f
<
<■
.i-
<-
1-
<■
<
■^
U
u
U
O
u
U
O
U
u
U
o
O
U
U
O
U
u
U
u
o
O
o
Z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
00
as
Ov
X
u
o
^
£
NN
ra
g
XI
NN
It,
H
j=
-fl*
ao
3
H
O
J=
^
13
flj
u
re
ra
a.
D
•3
-a p a
o
Z
u
^ o
-J
'J
a
o
^
O
k.
u
w
U
u
>
>
>
>
>
>
o
O
o
o
o
o
o
o
o
o
T3
T3
-o
T3
T3
T3
T3
T3
-o
•a
_U
jh
JH
_o
_o
_aj
_o
JU
Ji
J3
f
fN
fN
fN
r^
fN
fS
r>)
(N
(N
(N
z
a:
Z
z
o
z
a:
Z
Z
O
z
02
O
z
z
o
z
o
O
o
o
O
d
O
O
O
O
(N
(N
fN
fN
(N
(N
fN
(N
(N
fN
oi
a:
o
z
Cv — On — Ov — ^
r*^ v^ f^
O o c^
\o m so f^
o o o ^
S t S
-M o .«
so f^ o
o o o
r--
C S; t;
as — (7v
m ^ m
o o o
,5
■s
,5
■s
s
■5
.5
r- r-
os OS
— Cs
^ C2 ^
— O o
' OS
o o -
-a
5
■u
ON On
f^ ON r- OS
^ C o^ C
^ '^ r^ -<>
o o o O
5
. > .. S .. ^
s
•a
^ O Li
C S C
00 Q. OD
< <<
tJ O cj .->
Clu clu Cu CLU CLO) Clu O.
Q.O£lD.O£Q.QOQ.aOQ.QOQ.DCQ.
<<<<<<<<<<<<<
t2^
t
so
— O— O — O^O^O — 0"0 — O— O — OW^
^Os^os'troN'roN'^ON'^o^'^tov'^ON-^aN't-ONfN
U U 'O U O O U U O O O U U U U U U O U U U
f^ f^ p'l f^
o
z
0^
u
z
(N rN fN fN fN fN
Oi
z
Oi
a;
oi
oi
oi
oi
o
o
u
y
CJ
■o
Z
z
z
z
z
z
09
t^
r^
r-
r-
r-~
r-
r-
r~
02
«
oi
o:
cd
o;
a:
oi
(J
U
O
o
U
u
o
O
Z
z
z
z
Z
z
z
Z
O^Os^^^^CT^^
r^ (N r^ (N
r:
r^
:/)
ON
o
w-i
r->
oc
01
r-,
O
ON
rsi
r-i
ON
o
M
—
a:
ai
a:
en
_S
a:
;;
;;
U
O
"3
L>
:^
z
Z
^.
h-
2
•«
o
■<r
(N
00
■<r
r-1
(N
—
—
s
—
O
r^
(N
—
""
""
""
~~
c
""
o
o
o
o
o
rs
O
o
fN
o
oc
3C
DC
O
oc
oc
o
OC
o
<
<
<
^
^
^
Z
Z
Z
Z
z
3
I
s' )
y
o
; )
;;
c^
>-)
s';
;>
C J
<■
<■
<■
<■
<
<■
<■
<■
<•
<■
o
o
o
o
'O
o
u
O
u
o
z
z
z
z
z
z
z
Z
z
z
E
z z
< <
z z
CN fN
<
>
90
OS
W o
§ &
i -
& T3
u «
D
^
3
■s
I
2 -=
■a
.2 .
.3 u
8*-
o.'S
■3|
1 =
rs
fN
t^
fN
(N
rs
CN
rs
rs
CN
CN
(N
(N
(N
CN
tN rs
(N
CN
fN
fs
(N
(N
CN
CN
CN
CN
CN
CN
r^
CN
CN
a oi.
Oi
OS
Oi
a:
Oi
a:
Oi
Oi
Oi
ai
a
oi
Oi
Oi
Oi
u u
U
u
O
U
u
u
o
u
O
o
u
o
O
U
u
z z
z
z
z
Z
z
z
z
Z
z
z
z
z
z
Z
z
O ON
CTv
OS
(J-
OS
OS
OS
o.
OS
OS
OS
OS
OS
OS
(^
OS
rp cs
<N
(N
fS
CS
(N
CN
CN
CN
CN
CN
CN
fs
CN
CN
CN
> > >
o o o
-^ao.Q.a.CLacLa.CLCxa.a.a.CLQ.a.cu
ON
V)
P^t fl f) (*!
CT^C^O^C^O^O^O^O^O^^
</^«/->w-iw-iw-^ininw-i
Qi cii cd, c4 Oi a^ Oi
u u u u u u o
2 2 Z 2 2 2 2
uoououuuu
22222222
(S(S(NCS(N(N(NfS
oi
u
z
Oi
z
a:
u
z
Z
so
oi
O
Z
oi
O
Z
so
Di
o
Z
o
ai
U
Z
so
Oi
o
Z
so
u
z
oi
CJ
z
oi
O
z
oi
O
z
o
CN
o
CN
(7\
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
■^
■^
-^
(N (N rs (N
o
OS
O
OS
o
OS
O
OS
o
OS
O
OS
O
o
o
ON
o
o
On
O
§
§
§
g
g
oo
so
(S
00
00
o
00
00
00
00
00
o
00
00
w
so
_
_
^
^
-.
_
^
_
_
^
^
^
»
^
^
^
_
00
^
00
00
00
00
^
00
00
oi
u
Z
Oi
O
Z
a:
u
z
Oi
u
2
a;
Oi
CJ
Z
o:
CJ
z
oi
U
z
oi
CJ
Z
oi
CJ
Z
CJ
z
Oi
U
z
Oi
z
Oi
CJ
z
Oi
z
cc:
CJ
z
O
2
■o
2
a;
2
oi
Z
Oi
CJ
Z
U
z
Oi
CJ
z
Oi
CJ
z
oi
CJ
Z
U
2
OS
2
u
z
•<r
^
2;
Tj-
TT
^
^
■^
^
■^
^
■»
■*
^
Tf
■r
■^
so
o
"T
o
o
o
o
'T
o
o
so
CN
o
o
o
CN
O
t
CN
CN
O
o
g
O
o
o
o
o
OS
o
d
o
so
o
CN
O
c^,
o
o
O
so
o
o
00
o
04
o
o
o
rs
o
O
r^
o
o
o
o
o
o
o
o
g
2
o
rs
rs
O
rs
o
(B
§
03
a:
cs
o
O
o
!J
OS
O
o
CJ
O
O
5^
O
u
cs
o
o
o
o
_>
^
b
o
o
□
o
o
o
o
r^
a
o
o
o
Q
o
z
z
z
^
^
z
CJ
z
z
z
z
z
z
o
z
z
o
z
o
z
z
O
2
■s
a.
2
o
z
'i
o
z
z
z
O
2
z
2
2
CJ
z
z
CN
CN
CN
(N
CN
CN
CN
cs
CN
rs
CN
CN
cs
rs
cs
cs
r-i
>
(N
CN
CN
cs
cs
cs
CN
rs
rs
ra
rs
■3
as
i
a.
a.
<
ii
u >
fN rs rs
X -
W d
Q -
z t
is
& T3
U re
T3
O.
D
a:
< < < <
< < < <
< <
o
«
r4 (N r* (N r^
Qi
St:
a:
ai
a:
a:
o
a:
a:
a:
o
a;
a:
a:
o
a:
a:
a:
a:
a:
a;
2S
a:
o
a:
a:
a:
a:
a:
so
a:
a:
SO
a:
SO
a:
o
o
o
U
O
y
U
u
O
O
u
o
o
vJ
;j
^.^
O
o
o
o
O
O
o
U
o
u
O
w>
O
^
z
^:
/L
:^
z
2
2
2
^^.
2
z
2
2
ii
2
2
2
2
Z
2
2
z
2
2
2
2
2
^.
T
■^
■<r
TT
■^
■V
3C
r^
3C
3C
3C
sc
00
(N
rs
fN
r^i
fs
rs
fN
3C
3C
oc
M
fN
00
(N
00
oc
o
o
o
o
o
o
o
c
r^
r-j
fN
r^
rN
fN
rN
rN
r^
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
(N
fN
fN
fN
r>)
fN
fN
fN
(N
5-5
II
<
■CCOsDOO UtN0CrN(NrSrNfN3C0C»0O3C3CCCtN(NrStN3C(N5CCNfN
— — — — — — ^tNw~irSfNrNfNrNw~iw~i>'~i''^''^w^''"itN(NCNC^w~»(N''^fN(N
Z2:2:22:2:f.Z2:2222ZZ;ZZ:ZZZZZ222ZZ222
— — — — — — Jsooooooooooooooooooooooo
— — — — — --.Sr^r^r^r^(NfSfNfNr^r^rsrsr^r^rsrsrsr>)rsfNr>irjrj
— — — — — — a_-_ — __________-_ — _____ — — — — — —
u
oooooo Soooooooooooocroooooooooo
"""""""""" gooooooooooooocicqqooocop
FTpi^i^f^f^ a33ooo3oH33ooS3S3S3ooSSo
<
K
>
3
o,
a.
<
II
I ^
& E S
H *■ 1-
H
\
1i
I-
P
I
5^
00
00
00
00
00
00
00
00
00
00
00
00
00
OS
00
cs
rs
fS
fS
fS
CN
(N
fS
fS
fS
(N
rs
(S
(N
0\ 0\ 0\ 0\
OO 00 OO 00
(N <N <N CN
u u u u
> > > >
o o o o
U U CJ 4> U
> > > > >
o o o o o
ki^ hiM N^ fri^ fr>^ fr-^ fri^ Ni^ fri^ Ni4 bi^ fri^ hi^ Ni^
I- ^ ^ ^
s
CN
CN
SO
CN
CN
CN
CN
>0
CN
CN
CN
CN
CN
CN
s
CN
SO
vo
3
s
«
CN
0\
z
z
u
z
U
Z
u
z
ai
Z
ai
U
z
U
z
u
z
o
z
ai
O
z
Of!
U
z
z
Oi
u
Z
oi
O
Z
z
0:^
u
z
o
Z
a:
u
z
O
z
Bi
u
z
O
Z
OS
U
z
0!
U
z
O!
U
z
OS
u
z
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
CN
CN
CN
(N
CN
CN
CN
CN
CN
CN
CN
CN
cs
CN
CN
CN
CN
CN
CN
fS
CN
M
CN
fS
CN
CN
CN
CN
CN
<N <N fS <N
(N (N (N (N
<N 00 CS
rN 00 <N 00
CN
CN
CN
CN
CN
CN
CN
cs
rs
'J-
CN
CN
CN
CN
CN
O
CN
o
w-1
CN
o
CN
O
W1
CN
CN
CN
CN
CN
O
O
in
O
a:
z
Of!
O
z
Dfi
O
z
0!
CJ
Z
Of!
U
Z
Of!
z
Of!
z
cm
u
z
Oi
^
0!
U
z
OS
U
z
OS
CJ
z
OS
u
z
OS
CJ
z
ai
U
z
OS
u
z
OS
u
z
OS
OS
o
z
OS
u
z
OS
CJ
z
OS
u
z
OS
u
z
OS
o
z
OS
o
z
OS
z
OS
u
z
OS
O
z
ai
u
z
o
o
o
O
o
S
S
s
o
o
S
o
o
S
o
o
o
o
§
o
S
o
1-
o
o
o
o
o
1^
o
o
o
CN
CN
CN
CN
CN
(N
(S
cs
cs
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
(N
CN
CN
CN
CN
CN
CN
w-i^or^^^csmooCTNO — c^'^tn*^^- — cscsromTT-^tricsTtw-ivo— -csf^
oooooooo — ^oooooooooooooooooooo
r^r^r-oooooosocsOvOOOO — ^-^-^-^^^^^-^^— 'cscscscsmr^n^
OOpppOOOOO-^ — -^^-----H^^--^^^^^^w — — ^
mmmmmmmcQmmcacQmmmmmmmcQpacQpampammcncQCQ
oooooooooooooooooooooooooooooo
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
C^CSrSCNCSCSC^CNCS(NCSCSCSCSCSCSCSCSCSCSCSCSCSCNCSMCS(SrSCS
3
£
a,
■a e S.
Si: *
00
X -
W o
i £:
I— I re
3
o
5-S
3
^1
2 «
g,3
ll
I"!
<
U
Z
u
z
<
Z
z
OS
u
z
Oi
z
OS
O
z
o
en
S
o
o
o
^
(N
r*
(N
(N
OS
OS
OS
OS
O
O
U
u
z
Z
z
z
so
VD
vo
>£>
O
O
^ ^ ^ ^ ^
^ ^
•S
VC
i
OS
OS
ON
OS
OS
OS
F^
P
F^
P
OS
z
OS
z
o£
Z
OS
u
z
OS
z
OS
(J
z
OS
z
OS
o
z
o
z
OS
o
z
OS
ij
z
fN
(N
fS
(N
r^
(N
t^
(N
(N
(S
rs
fS
(N
^
^
^
^
Z2
r*
'T
00
~,
^-
Qi
if
U
UJ
^
D-rn
m — —
OS
OS
OS
OS
OS
u
u
o
o
(-1
Z
Z
z
z
z
S pi
H —
OS Tf
^^ OO
CS -"
m m
M ^
00
00
00
00
00
00
w
o
_
so
so
so
so
o
o
o
o
o
o
00
r^
r^
n
m
w-1
m
>/-l
v-t
irt
in
00
—
^-
^-
—
a:
Of
Oi
a
OS
OS
^
^
OS
OS
OS
OS
OS
u
u
O
o
u
U
U
U
U
U
U
z
z
Z
z
z
z
Z
z
z
z
z
t^
r^
t^
t^
r--
r^
3?
—
[^
[^
r^
t^
M (N (N fS (S (N
12
a
I 1
— — 00
OS
OS
OS
OS
OS
ai
OS
OS
OS
o
o
u
u
U
U
o
■o
u
z
z
z
z
z
Z
z
z
z
so
sn
^m
r^
•<r
sn
sn
m
ITS
(N
(N
~
O
fN
(N
rj
o
q
m
o
^
ii
^
^
"^
o
o
o
o
o
m
CD
22
cc
22
'*1
^
'•^
u^
u:
a
o
O
O
o
O
o
o
3
o
o
o
o
o
c;
U
c;
c>
c;
CJ
:)
s'>
s')
c>
s')
<■
<•
<■
<■
<*
<-
t
<■
<■
f
<-
<■
a
u
O
u
o
o
U
o
U
U
sj
o
z
Z
^
:^
-i
^
z
Z
z
z
z
o
(N
r»
rs
rj
<N
(N
J
(N
(N
fN
r4
(N
pa
> - £.
a.
•— ^- >n >ri
■^ o o o
.§ u. u. a
3 (^ t^ t^
< o o o
. *-- *^ *^
o o o o o
— — ^ (N CS
I
< < <
-- w
o
O
o
o
O
O
o
o
o
U
CJ
O
O
o
U
O
CJ
O
<
<■
<
<
<
<
<
<
<
U
O
u
o
o
u
u
u
u
z
z
z
z
Z
z
z
z
z
r-1
f^
f^
ro
n^
r^
(*1
f*^
n
»
3
X
•s
>
2
o.
S E
31
b. ^
I =
cs o
r^ (N (N fS
w-» ^n in vi
d
oi
Oi
oi
Csi
o
U
O
u
u
z
z
z
z
z
-o
M2
VO
VO
VO
O
CT^ Cv P^ Cn
00 00
o\ o^ c^
fS (M fS fS
— — — ^ (N ri
00 00
(S fS (S (N
ON OS
00 00
0^ Cs CT\ Cn On On
00 00 00 00 00 00
fS fS (N <N <N fS fS
OO 00 00 00
fN (N ri fs
w « w «
^
^t^^t^^^^^^^-?^^^^^^^^^^^
rN(N<N(NfNfN(SCN(S(N(N(N(Nr'I(NrN(N(NrN
(N
of Bi
o u
Z Z
UUOOUOUOUUUOUUUUUOUUUOUCJ
ZZZZZZZZZZZZZZZZZZZZZZZZ
oooopooooopoopooooppoopo
o
^oooooooooooooooooo
Ov On On Os ON
^ On 0\ 0\
On 0\ On
00 00
On On
oi
b:
OS
o;
Oi
a
Of
a:
Ct!
a:
b:
CEi
Cii
o:
OS
OS
OS
OS
OS
OS
OS
OS
OS
oi
OS
0:^
OS
u
u
o
o
(J
u
u
u
U
u
u
u
u
<j
u
U
o
u
o
o
u
o
u
(J
(J
U
u
z
z
z
z
Z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
z
z
^
■sO
r^
\o
\o
^
\o
^o
v^
VD
\o
VO
Sf5
\o
so
^
so
so
so
sn
so
so
so
>o
so
so
so
(N
n
O
ri
(N
cs
(S
(N
(N
CN
fS
fN
(N
(N
(N
CN
(S
r*
(N
(N
(N
(N
CN
(N
CN
CN
'— CN m —
rs " (N —
o
q
q
q
q
q
q
(N
CN
u.
u.
u.
u.
o
o
o
o
o
c;
o
o
SO
so
so
SO
SO
O
s'J
CJ
c;
c;
<
<
<
<■
<■
<■
<■
<■
<•
<■
<-
<■
O
O
o
o
u
(.;
u
U
t;
u
u
u
z
z
z
z
z
z
z
z
z
z
z
z
w-i vO \D
uuououoo
<<<<<<<<
UUCJUCJUUO
zzzzzzzz
f*^ fi r*^ r*! rO r^ {*i f^^ r^ f*^ r'^ (*!
o
c>
C)
CJ
C)
C)
C)
■«:
c;
<
<
<
<
<•
<
<
u
<
u
o
u
u
u
u
u
10
o
z
z
z
z
z
z
z
P
z
00
0^
ON
X!
^^
U
o
g
e
NN
cfl
g
•f5
u.
H
.fi
<
00
^
•^J
g
•s
U
t
£
■s
a,
a.
<
U
Text differs
from
proposal
1
1
i
1 i!
S o
o
1*-
z
2
S
E
H
.3
0!
eI
IJ
<
I
00
00
00
5^
00
00
00
00
00
00
00
00
00
00
00
OS
00
00
OS
00
fN
fS
fS
(N
(N
(N
(N
?i
cs
ri
fS
ri
(N
(N
<N
ri
fN
u u u u u u
^^ b-b ki^ ^'m ^t^ fri^ ^^m Ni^ fr^ri
I
C^ ^ 0\
0^ CS On ^
Os 0\ On ^
0> O* C^ 0\
(N rs fN fS
z
a:
o
z
o
z
z
z
O
Z
u
z
a
u
z
Oi
u
z
o
z
ai
U
Z
oi
o
Z
Oi
O
Z
0:i
U
z
o
z
Oi
u
z
Oi
u
z
a:
u
z
o
o
o
O
o
o
o
o
o
o
1-
o
o
O
■<1-
o
o
o
o
o
(N
M
(N
rs
(N
(N
fN
fN
fN
fN
fS
fN
fN
fN
fN
fN
fN
fN
r-1
f^
u
2
ai
O
2
u
z
05
U
2
Pi
O
2
00
o
00
o
00
o
00
o
00
o
00
o
fS
(N
fS
fS
fS
(N
^- 5j "^
ai ■"= ai
D g-O
Z w Z
-Br.
— « fN
_ H -I
O
z
■>a-
o
oooooooooooooooooo
\o ^ ^ \o ^ ^
00 00 CC 00 00 oo
Cn On CTn C^ C^ C\
,-~
fN
—
—
^H
^^
^^
^«
^-
^H
-^
—
—
—
—
—
^-
^-
—
oi
CEi
Oi
oi
04
Oi
Oi
o:
Oti
Oi
ai
ai
a:
oi
Oi
Oi
oi
Qi
Qi
O
O
o
O
U
o
o
u
U
o
u
U
u
u
o
U
u
U
U
z
z
z
z
Z
z
z
z
z
z
z
Z
z
z
z
Z
z
z
z
vn
v^
vn
^n
vn
vo
\o
vo
-o
^
VO
>o
vn
\o
o
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
fS
fN
fN
fN
fN
^
fN
n^
•—
^
—
— ■
;:;
—
n
zz
zz
z^
zz
;^
Z!
!I^
^"
^
— r4 rj
00 ON —
«/-i M-l >/~l »/-|
"O ^ "O ^ ^ VO
(N CN CS fS (N fS
X X — <N <N
o q - -
I
C )
<:>
o
C)
C)
C)
<f
<
<
<
<
<
u
o
u
u
o
o
z
z
z
z
z
z
O
m
la
tu
u^ X
~
X
X
X
-
X
X
X
X
X
~
X
X
X
X
X
E
CQ
fN
(N
fN
fN fN
rs
fs
(N
fN
fN
fN
fN
fN
fN
fN
<
m
r*^
(^
m m
f*^
f*^
f^
r^
r*^
f^
m
m
f^
r-i
^■^
m
f*^
f^
f^
fn
f^
C)
C)
o
U U
c;
u
CJ
u
U
CJ
U
O
u
O
O
o
o
Q
y
u
U
<■
<■
<•
< <
<•
<*
<
<•
<•
<"
<■
■a-
<■
<
<
<
<
<
<
<
<
u
C)
C)
C)
y u
c>
c>
o
c;
CJ
o
CJ
U
o
U
U
u
o
O
u
u
u
a
z
z
z
z z
z
z
z
z
z
z
z
Z
z
z
z
z
z
z
z
z
z
rs (N CN n n CN
fS (S fS
(S (S fS tN rs
<N (S *N (N
tS (N (N CN (N (N fS
^
OS
3
>
2
X! u
■o O Si
>
•2 :?
Z
s>
^i
00
00
00
00
oo
00
00
OS
00
00
9^
00
00
00
(N
CN
(N
cs
rj
fS
fS
(N
(N
(N
fS
fS
b^ bi^ fri^ hi^ hi^ fri^ Ni^ fri^ Nib Nib Nib Nib
^
o
ON
ON
OS
On
OS
Os
OS
OS
Os
Os
OS
f^
f^
m
fn
m
m
Cs»
ai
Z
a:
o
z
a:
u
z
z
o
z
U
z
a:
u
z
a:
u
z
o
z
o
z
z
o
z
Z
z
o
z
ai
U
Z
u
z
u
z
Z
ai
O
Z
(J
Z
(J
z
o
o
o
o
o
o
o
o
o
o
o
o
•^
•»
T
Tf
•a-
■v
T
•^
00
OS
<N
(N
(N
(N
fS
(N
(S
rs
(N
(N
r>l
n
(N
(N
(N
(N
CN
(N
(N
CN
-^
— .
^
o
cs
so
so
SO
sn
sn
sn
sn
sn
sn
SO
SO
SO
tTS
O
CL,
fTN
00
00
00
00
00
00
oo
OO
00
00
00
00
SO
v-i
w-t
v~,
w^
«/i
w-i
w-i
iri
1/^
W5
z
(N
00
O
OS
OS
OS
OS
0^
OS
o
OS
<Ts
OS
fTs
OS
tT
■fl-
•«■
'T
'f
TT
■fl-
TT
00
u
I^
l^
(^
t^
t^
r^
r-
r^
1^
m
^b
Qi
a:
a:
a
o::
«
Oi.
«
ai
a:
as
ct
OS
K
OS
o:
Of!
OS
OS
OS
OS
«
OS
o
CEi
tti
ai
u
o
u
o
(J
u
U
O
(.i
C.J
u
<.)
O
^
CJ
o
U
t;
u
O
u
U
o
H
c>
e;
c>
z
z
z
z
z
Z
Z
Z
Z
z
z
Z
z
n
z
z
Z
z
z
z
z
z
z
Z
2:
z
so
so
so
so
so
so
so
SO
so
so
so
so
00
BD
OS
OS
OS
Os
f^
f^
OS
OS
OS
,3
■^
w-i
fN
fN
fS
fN
fN
fN
—
o
o
o
O
o
o
O
o
o
US
(N
O
— ^
—
—
—
—
.— i
->
^^
—
^
^
~m
—
u
fN
fN
(N
fN
fN
fN
fN
fN
fN
o
^b
rj
-b
^
o
fN
fn
■<3-
w-1
so
r-
OO
^»
(N
^^
_
■<r
M
so
^H
,„
fN
f*^
„_
r*^
,.
f^
o
O
o
o
o
O
O
o
o
c-^
O
O
O
fN
o
o
o
o
u
o
o
!/->
w-s
w^
w->
sn
so
OS
fN
fN
fN
Tf
r^
O
o
o
O
o
O
^
o
o
O
O
o
O
O
o
O
■*5!
s
K
X
X
K
—
E
—
—
—
X
—
O
«■
«■
<f
05
a:
ca
ta
C)
Q
Q
o
n
o
q
O
fN
fN
fN
c^
fN
fN
fN
fN
(N
fN
fN
fN
fN
"T
T
^
^
^
T
^
^
-^
■^
^o
\n
VsO
f^
f*l
f^
f^
f^
fl
r-i
f^
f^
r^
r-i
f^
r^
K
c^
f^
fs-l
f^
m
f^
f*i
f*^
r^
f^
■«f
r'l
m
r^
o
y
u
u
u
o
O
u
o
U
O
<J
U
<f
o
o
U
O
U
u
u
<J
O
U
Bi
n
c;
CJ
c;
<
<
<
<
<
<
<f
<f
<•
<f
<■
<■
<■
—1
<•
<■
■a-
<■
<•
<f
<f
<■
<
<■
S
<"
<*
<!'
o
u
u
o
u
u
O
(J
u
U
U
u
O
r;
u
u
o
u
U
u
u
o
U
U
u
c;
c;
;;
z
z
z
z
z
z
z
z
z
z
z
z
z
«
z
z
z
z
Z
z
z
z
z
z
?■
CO
z
z
z
fN
fN
fN
fN
fS
fN
fs
fN
fN
fN
fN
fN
fN
o
fN
fS
fN
rs
rs
fN
fN
fN
fN
fN
1
(N
(N
r^
3
a.
a.
<
is-?
g £ S
■e o a
- i o
00
C^
X -
W d
Q -
Z. t
I— I ra
^1
o
2
■1
a a.
1 =
<
9i
o
z
t
z
z z
o
t
^ •§■
I
^o
^
4
00 00 00 00 00 00
ON
OS
OS
1^
rn
fi
f*1
5^
O
r-- r- t^ r^ t^ r-
(N o fs c^ (N cv
«/^ t^ w-% r- M-. r^
Oi
Z
CJ
Z
a:
U
z
Oi
CJ
z
OS
z
OS
u
z
U
Z
OS
CJ
z
z
oi
CJ
z
a:
CJ
Z
CJ
Z
a:
CJ
z
CJ
z
Oi
CJ
z
Oi
z
2
Di Di Qi oi Di Di
:j U U U U O
2 2 Z 2 2 2
o
o
o
o
so
o
so
o
00
00
■»
■r
■^
T
'T
-J-
T
Ml
(N
t^ OS t^ <?\ I^ C>
o o o o o o
(N
(N
(N
f>l
(N
<N
—
—
(N
(N
(N
fS
(N
tN
(N
^-
M
(N (S CN rs (N fS
^
^
i/-^
OS
OS
i/-!
Di
a:
Di
CJ
o
CJ
z
z
z
Z
CJ
z
oi oi
U CJ
z z
Si oi
U CJ
z z
fN fN (N
so
so
so
so
so
so
rl
r*\
rl
rl
r^
r-1
c;
C)
C>
C)
C)
C)
<■
<•
<■
<■
<
<•
U
CJ
U
CJ
■o
u
z
z
z
z
z
z
<
z
OS
Oi
Oi
Oi
oi
a:
a
a:
Oi
CJ
u
CJ
CJ
CJ
CJ
CJ
y
CJ
z
Z
z
z
z
z
z
b
o
z
z
OS
r^
Cs
ns
Os
OS
OS
S.-3
«)
b
O
o
O
o
o
o
O
O
—
o
r-1
r^
r-1
fS
n
(N
rs
Q
(N
~
Q
Of
<
n
oo
00
fS
r^
Cs
<
O
oa
S
o
o
o
rj
oa
fN
rj
fN
f^
o
o
o
o
o
o
O
o
>•
fV^
'f)
o
o
o
o
o
o
O
o
OS
rJ
r^
z
<
rr
<r
T
■<3-
•^
•^
■^
■<r
H
T
T
CJ
c;
CJ
CJ
U
O
U
CJ
u
O
U
<
<
<
<
<
<
<
<
S
<
<
u
c;
CJ
CJ
CJ
CJ
CJ
CJ
o
O
O
z
z
Z
z
z
z
z
z
o
Z
2
H
H
b
(N
rs
(N
(N
(N
cs
fs
(N
a<
fS
rs
o
O
Bi
Ol
a;
CJ
CJ
CJ
z
z
z
=0
rl
m
r^
ci
O
o
O
I
<
:>
CJ
CJ
5
<•
<■
<
o
y
'^
t
z
z
z
Z
CN
CN
fN
00
O
x
^^
u
o
e
^^
f
■8
u.
H
J=
•^
BO
^
2
J3
^J
2
T^
U
■3
CL
P
>
3
Q.
Ed ^
c -
& s I
to. ^
I OS
t--
r^
r-
r^
r-
r-
r-
r-'
r^
r-
r^
r^
r-
(N
ON
rs
Cs
fS
o
rN
o>
(N
fT>
(N
OS
tn
r^
w-t
r^
w-i
p-
w-^
t^
*r\
P--
w-i
(^
oi oi ctf «
c:t^ CE^ CEf ccf c^ o:
Oi ct
uuuuuouuuuuo
ZZZZZZZZZ22Z
1^
OS
r-
CTs
r^
<^
r^
Cs
r-
O
r-
a\
p
q
o
p
p
p
p
p
p
p
p
p
w^ tri v^ I/-1
»/^w^w^«^w^v^v^tn
"/^ m v^ v^
b: Of Of ci:
u u o o
z z z z
OOUOUUOUOOUOUUUU
zzzzzzzzzzzzzzzz
d rO (*! fi r'l f*! f*^ fi f*^ (^ fl r^i f*^ fi fi r*!
fS(N(NfNr^fSfNfN(NrS(N(N
fs <N rs fs
(N (S r^ (N
00
oo
00
00
00
00
On
o\
o
CT\
o
o\
t>
OS
(>
OS
OS
OS
OS
On
OS
OS
OS
OS
OS
OS
VO
>^
«
>o
-o
vo
\o
vo
M=
VO
VO
\0
vo
\o
SO
so
so
SD
so
SO
SD
SO
SO
SO
SO
SO
b:
a:
£«
a:
ex:
en
b:
b:
B<
OS
Bi
b:
a:
BS
a
b:
Oi
Di
«
O!
OS
Oi
Oi
a:
Bi
b:
o
u
O
u
o
U
o
u
u
o
U
(J
u
U
U
o
u
u
O
U
o
CJ
u
u
CJ
CJ
z
z
Z
z
z
Z
■<
z
z
z
z
z
z
z
z
z
z
Z
z
z
z
z
z
Z
z
z
z
r^
r^
m
f*i
X
>
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
oo
00
O
O
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
(N
rs
(N
(N
fN
(N
(S
(N
CN
(N
(N
(N
fS
(S
fS
(N
(N
fS
(N
fN
fS
fS
r^
fS
fsi
fs»
?3
>r\
p^*
rl
v^
SO
OS
o
fS
^
o
o
O
o
O
O
O
o
o
o
O
o
O
O
o
o
o
o
o
O
w
X
H
00
00
00
o
o
o
o
o
o
o
o
o
o
o
o
o
~!
"t
"■
<N
(N
(N
<
<
03
U
O
O
U
O
O
O
Q
Q
a
Q
Q
a
Q
u
U4
u
vn
^
-^
■^
•^
'T
•^
•V
.J
•<1-
T
•^
'T
•^
■^
■'T
■V
•^
sa-
^
'J-
T
•<r
^
'^
■*
■<^
■^
^
O
O
U
o
u
o
■<■
O
CJ
O
o
U
(J
u
CJ
U
O
O
U
CJ
CJ
U
CJ
CJ
CJ
CJ
CJ
<
<
<
<
<"
<
U
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
O
U
O
y
u
o
U
o
o
u
o
U
u
u
u
o
o
o
CJ
o
U
CJ
u
U
CJ
CJ
z
z
z
z
z
z
;/5
X
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
Z
(N
CN
fN
<N
rs
rs
(^
fS
(N
rs
rs
(N
(N
(N
(N
(N
cs
fN
(N
(N
rN
<N
(N
(N
r^
rsi
■3
f
IE
2 -
- i P
oc
XI -
U d
Q -
Z £
■■ re
& T3
O.
D
I
§■1
a: =■
Sf! o
00
<
b
*
♦
*
•
•
•
.
*
*
H>
.
.
.
.
.
•
•
»
M
«
S
<
X
W-1
W~l
v-i
VTi
w-i
1/-1
v-i
>/^
W^
u
ON
OS
OS
OS
OS
OS
Os
ON
—
—
—
2
2
^
'^
2
^
■^
^
cc:
a:
oi
Di
ai
0:
Di
Di
a:
a:
a:
Oi
ai
a
Oi
OS
a:
BS
u
U
CJ
Cj
'0
CJ
Cj
CJ
CJ
CJ
CJ
u
u
Cj
CJ
CJ
2
2
z
2
2
z
z
z
z
z
z
Z
Z
z
Z
Z
z
Z
r^
r^
n
(*i
f*^
r",
r^
•i
(*•,
f;
f*^
H
vo
vo
so
so
SO
so
so
so
—
—
^-
—
—
^-
^-
^-
—
—^
<
rs
rN
fN
(N
fN
fN
rj
rN
fN
fN
fN
fN
fN
fN
fS
fN
fN
fN
H
Z
t^
t^
r-
r-
r~
r-
■^
u
l/-i
m
m
m
m
m,
in
m
m
m
m
m
OS
Di
a:
b:
Bi
b:
a:
Ed
u
u
u
U
Cj
>»
-J
z
z
z
z
z
z
z
r~
r-
r-
r-
r~
r-
■f
fN
fN
fN
fN
fN
fN
0.
—
—
—
—
—
—
(/5
CN
c>
CN
C>
Cv
CN
C^
C^
a^
c\
U
£
c^
OS
-^
Ov
OS
OS
Os
OS
OS
OS
Os
OS
Os
OS
OS
OS
OS
6
-o
-o
SO
vC
\o
VO
\o
^
VO
w-i
in
in
m
m
in
m
m
V-.
m
m
m,
m
m
m
m
m
ce:
ce:
a;
o;
oi
X
b:
b:
Oi
Bi
oi
b
s:
Di
Cri
OJ
Bi
b:
Bi
b:
2^
a:
a:
«-;
a:
OS
a!
ct
a:
u
U
CJ
U
Cj
u
D
Z
<
u
u
CJ
u
U
u
CJ
CJ
CJ
Cj
Cj
CJ
CJ
2
2
2
2
2
z
z
z
z
Z
Z
z
z
z
z
z
z
z
z
z
z
Z
z
z
Z
Z
z
Z
00
00
00
00
X
oc
tx
oc
oc
w
oc
r^
r^
r^
r--
r^
r-
r^
r--
r-
r^
r-
r~-
r-
r-~
r^
I^
1^
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
q
(N
rj
rs
rs
(N
fN
fN
fs
fN
fN
fN
z
<
r^
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
fN
(N
fN
fN
M
f*-.
r>)
f*".
•T
T
fN
„
_
^
c
fN
_
sO
T
I/".
SO
_
fN
T3-
_
m
SO
fN
fN
q
q
q
q
q
q
q
q
q
X
fN
f^
rn
§
§
m
m
m
rs)
fN
fN
(N
f^
q
q
q
q
q
q
q
q
^
w
^/
00
oc
00
oc
oc
00
00
oc
OS
oc
oc
d
TT
■^
■^
-^
T
■v
T
^
^
Tf
•^
«/-^
"/-.
m
m
m
m
m
m
m
m
m
sn
m
m
m
m
m
u
CJ
tj
U
CJ
U
z
CJ
CJ
U
U
U
U
CJ
U
CJ
CJ
<
<
<
<
<
<
<
<
<
<
<
3
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
<
U
U
u
U
CJ
u
CJ
u
CJ
CJ
CJ
2
Z.
z
2
2
Z
z
Z
z
Z
Z
z
z
z
z
z
Z
z
Z
z
z
z
z
z
z
z
z
z
I
r-* (N r* (S (N
a.
r^r^(NfSCNfSfNfSfSr-»(NrSM(NCS(N(N
1)
00
ON
x
u
o
g
e
NM
«
^
U.
H
JS
-<
DO
^
e
^^
^
■n
1 i
<L)
U
■3
Q,
B
^
9
£
a.
<
lis ^
«• ,£ e
z
1.3
II
c .1
On
rj fN (N (N cs fN r^
CTn Cv ^ 0^ ff^ ^ CT^
(N tN rN (N
rs (N fS r^
fS fS fS
CT^CT^CT^O^CT^C^O^O^^C^O^CT^^^C^CT^^^^
Z22ZZZZZZ
zzzzzzzzzzzzzzzzzzz
(N (N (N (N
fS (N tN CN
fS M
tN
(N (N r^ CN
tN
fS fN fN fN
fN (N
(N (N
(N (S
5
as
a\
o
a\
o\
OV
a\
OS
OS
OS
OS
Os
OS
OS
CTs
OS
CTs
OS
OS
OS
Os
OS
OS
OS
OS
OS
OS
OS
<
^
vo
\o
vo
VO
VO
'£>
SO
so
SO
SO
SO
SO
so
SO
SO
SO
SO
so
so
SO
so
SO
so
SO
SO
SO
SO
a:
z
O
Z
u
z
OS
O
Z
o
z
o
z
U
Z
z
OS
o
Z
0!
z
a:
u
z
Oi
U
z
Oi
o
z
CJ
z
z
ai
U
Z
U
z
OS
Z
Oi
O
z
Oi
o
Z
Dci
O
z
oi
o
Z
ai
O
Z
ai
u
z
OS
o
z
O
z
u
Z
OS
O
z
s
O
z
r.
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
00
o
oo
o
00
o
c^
rN
fS
(N
(N
(N
(N
fS
CN
cs
CN
CN
cs
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
r-1
O
O
o
o
s
1-
o
o
O
o
o
o
O
1/1
o
CN
o
O
m
o
o
o
w-s
o
O
SO
o
CN
O
SO
O
O
SO
o
o
O
o
CN
O
o
o
OS
O
CN
o
OS
O
CN
o
o
O
w-1
o
so
o
O
CN
O
CN
O
CN
o
CN
o
o
^0
w-1
1^
so
SO
so
so
so
W-1
SO
so
so
so
so
«/1
SO
so
so
w-1
SO
so
so
w-1
SO
SO
SO
so
so
w-s
V3
1/5
U
u.
O
<
o
z
<
z
Z
^
^
^
^
Z
z
z
z
(J
z
z
z
z
z
Z
z
z
z
^
^
^
^
^
^
CJ
z
CJ
z
CJ
z
CJ
z
CJ
z
z
<
<J
z
(N
<N
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
fS
CN
Cs)
rs»
Csi
CN
CN
CN
CN
CN
CN
CN
CN
CN
CN
00
CTv
o\
X
— '
Ed
o
^
z
£
NN
CO
g
15
N^
u-
H
J=
<
00
^1
(J «
Q.
D
■3
a:
a.
<
IE
^ E S
V p a.
- i o
z
aja.
e .tr
<
o
<
a:
ai
o:
a;
ai
ai
a:
a
ac
O^
o
O
o
u
u
u
•o
y
u
u
z
/i
;^
^
>i
:^
;i
Z
^
;i
-o
o
so
o
\o
so
\o
\o
so
vo
fN
fN
(N
fN
(N
(N
(N
fN
(N
(N
Qs Q\ (^ 0\ 0\
"O "O O "O ^D
0O3O0OOO0C0O0O3CaO3O0C0O
a:
o
z
a:
z
a::
Z
ai
Z
ai
Z
2C
z
a:
z
z
a:
z
z
a:
u
z
a;
u
z
u
z
U
Z
u
z
Si
z
a:
Z
oi
CJ
Z
a:
CJ
z
ai
CJ
z
ai
o
z
a:
z
a;
CJ
z
oi
U
Z
a:
CJ
z
3C
o
00
o
oc
o
30
o
DO
00
o
00
o
oo
o
o
<
O
03
>
O
-]
o
X
u
o
O
O
O
V-1
o
O
O
M-1
o
O
O
o
I/-.
W-i
O
V-1
o
(N
fN
fN
(N
fN
rs
(N
fN
rs
fS
fN
r^
<M
fS
(N
(N
rs
rs
rs
fN
fN
fN
fN
fN
fN
r^
r^
rs
^
OS
O
•^
fN
o
so
O
2
TT
s
■^
P
O
r--
o
rs
o
rs
o
rs
rs
o
m
rs
o
rs
fs
fN
f^
fN
fN
00
fN
fN
o
r-j
(N
rs
r",
rs
SO
o
SO
so
so
so
sO
SO
o
o
v-1
v.
'T
m
I-
•^
1/-1
w-1
■^
w^
z
<
z
<
z
<
z
<
z
<
Z
<
o
z
CJ
z
^
o
2
^
U
2
z
z
z
z
sJ
z
u
z
<
z
<
z
<
z
<
z
Cj
<
CJ
z
CJ
<
CJ
z
o
z
z
z
CJ
z
(N
fN
fN
tN
fN
fN
fN
cs
CN
fN
<N
CN
fN
fN
(N
fN
fN
rs
tN
fN
fN
fN
fN
M
rs
r^
rs
fN
^
)
3
PS
U3 ^
1= -a
g E S
•< £ e
Z
§.■3
II
)
CK C^N ^
U U O U
z z z z
(N fS (N
so 00 so 00 ^ so ^
o r* o fs o
5 5
■B o '6 o o
.2, c..«i, fe. fe.
o. a
5- ■&
^
00
00
O
o
O
o
00
00
oc
oc
00
00
00
a:
O
z
a:
U
z
oi
O
Z
Pi
U
z
04
O
Z
Oi
O
Z
oi
U
Z
OS
O
z
oi
U
Z
a:
O
z
oi
O
Z
o
o
(N
IN
o
o
o
o
o
o
3
(N
(N
CN
(N
(N
fS
(N
(N
(N
tN
(S
..^
m
p*
oa
Oi
(K
u
U
z
Z
u
z
o
r*^ f^ f*^ f*^ m m n^
O
z
oi oi
O U
z z
z
— — o
^ rs — (N
CN fs rs
<N CN CN
<
Z
< <
z z
lO w^ in m
o o o u
< < < <
o o o o
z z z z
1/^ W-. I/-1 w-i
CNCNCNCNCNCNCNCNCN
z
o
<
u
Q
u
y
03
CLi
r-l —
O o O O
f*^ — f^. m
o o != o
vJOOC — Qau
\D ^ ^
^ \0 ^ \o ^
O O
<
< <
z z
<
<
z
-O ^ ^ so
<
9
X
1 E
2 ■=
- i o
OS
OS
X -
W d
Q -
Z £
I— CO
'^ ■=
II
^ o
U re
T3
a.
£■5
s .t:
Si '
OS
CTv
^v
ON
Cs
Di
a:
a:
ai
a:
z
z
Z
Z
Z
fS
rs
rj
rN
(N
z
f
0CO0CV03CO30O
OS Cn CS
(N o fN o rs .
r-1 o o o
D. =^ C..:i, c i, c C
D..C C-C cj: C C
< o < c < c < <
^ ^ t
X. 5
6t
CN (N ri (N
oc DO oc
U~i lO Wl 1/^
ai
a:
a:
a:
a:
ai
£^
a:
a:
2^
a:
ai
a:
U
O
O
U
O
U
o
O
LJ
U
O
O
O
Z
Z
Z
z
Z
Z
z
Z
Z
z
z
z
Z
a:a;a:a:Qf:a::a:a:a^a:
ZZZZZZZZZZ
r"". f^ r**i (*". d r'l f . r*! r**i r'^
(N r^ (N (N
tN
2
as
Z
a:
z
a:
z
a:
■•J
z
a:
z
fS
o
o
o
o
1^
o
cs
£
fs
fN
CN
r-j
(N
■-■
o
O
O
O
O
o
o
^
o
o
r*
c«
(N
(N
fN
(^
r-1
<N
(N
so
d
O
SO
O
O
so
so
SO
SO
?■
Di
Ce:
^
q:
ce:
a.
as
a:
a;
a:
as
^
vJ
;;
;>
v>
u
o
ij
o
u
U
o
5
z
2
2
2
2
z
z
z
z
z
z
K!
yi
DC
or.
oc
oc
oc
3C
oo
00
oo
oc
r-1
W2
o
o
o
o
o
o
o
o
(S
B
S
rs
(N
r-j
o
e
^-
—
—
^"
S
\C
r-
oc
^
„
fS
r-.
■^
_-
O
_
r<.
^
W~l
r--
oc
OS
n
•q-
fS
r^
o
o
e
u
o
o
o
o
o
r-.
r-i
rr
■^
w-^
r-.
O
o
O
o
o
o
B
•a
o
O
o
o
o
o
o
o
C5
o
=>
'w
r.
;-
;-
;-
,-
q
c
q
<•
<*
<■
<•
<•
<
<
<
<
<
<
O
o
O
o
O
o
<
r--
r^
t^
r^
r^
<
Ed
oc
oc
oc
oc
oc
00
oc
o
o
o
o
>/^
W-,
W-1
w^
v-t
w-1
l/^
v-i
W-.
w-l
'r\
;j
o
u
O
;>
;;
; )
's ;
;;
z
; )
t)
C)
;)
;;
o
^.J
Cj
CJ
CJ
c;
;j
y
o
O
■•J
<
<
<
<
<
<■
<
<"
<;
X
<■
<■
<•
<■
<■
<
<■
<
<
<
<
<
<
<
<
<
o
O
u
u
u
o
o
O
U
■J-.
u
O
o
u
u
vJ
u
O
U
O
o
u
o
u
o
O
^1
2
2
2
2
/i
2
2
2
z
z
z
z
z
U
2
2
2
2
z
z
z
z
z
z
z
■o
o
o
o
o
o
o
o
o
•^
vo
so
o
->r
—
»
—
—
^
—
—
—
—
—
—
3
Of
CN
rs
(N
tN
fN
(N
I
)
3
£
o.
S E S
■D e &
M J: o
)
■a
E'
)
z z
o
Z
CTv \£> ON vo
t) o "G o
.:i, o..2i, a.
O -^O <
t
r*1
C\ CT^ CT^ 0^ ^ On
CTn Ov OS
OODOOOOOOOOOCXIOO
00 00 00 00
Cii 05 CeJ Oi Cri
U U U CJ o
2 2 2 2 2
r^ r^ r*) f*! r'l
Oi
Di
ci:
a;
oi
b:
u
O
o
u
U
u
z
z
z
z
z
z
r^
r*^
f*^
m
m
r*^
zzzzzzzzzzzzzzz
b: oi
o o
z z
cs rN —
— rs (N (N
— r>) f>)
(N rs (N (N
fS (N rs
VO
VO
vO
VO
>o
VO
(N
(N
■~D
VO
-£)
z
z
b:
u
z
z
oi
O
Z
oi
O
Z
a:
o
z
U
z
Oi
U
Z
O
Z
O
Z
o
00
o
00
o
00
o
00
o
00
o
OS
o
CO
o
00
o
(N
(N
CN
(N
(N
(N
o
o
(N
rs
fN
— — o
o — — —
<<<<<<<
00 00 00 00
< CO U3
D3 Q Q Q Q
U W m CQ m CQ
< <
o u o
< < <
o u o
z z z
< <
z z
cs cs CS (S (N fS CN
cs CN
(d
bd
>
U
< <
o o
z z
< <
z z
o
o
<
o
z
z
■3
is
00
a^
ON
x -
J §
i -
^ T3
O.
a:
#
•a «
b 2.
cc
00
OC
00
OC
00
o
o
XI
00
00
00
00
00
C^
OS
(N
fN
fS
(N
fS
fN
rs
fs
CTn ^ C\ CTi
^ 1-
o f^
2 «
zzzzzzzzzzzzzzzzzzzzzzzzz
b: a: a: oi a:
u u cj o u
z z z z z
(NrNfN(N(N(NfNCSCN(NCN(NrN(N(Nr-l
— ^ o
r- — —
. — >
_
VO
*r\
w-i
t~-
r-
c^
(N
rs
_
(N
Ov
r*l
^
o
r~
r^
r^
oc
00
(N
(N
_
r^
r^
m
m
f*^
m
O
f^
p^
r^
r\
m
o
o
o
o
—
ts
(N
r*"-
r*-.
r^.
r^.
m
f^
r^
c:
H
ca
oa
oa
m
a
ca
CJ
'\)
—
~,
~
ca
-2
-2
—
—
—
~
—
~
^
E
S
ca
p2
CS
03
oa
^o
VO
vo
\o
VO
^0
\o
«
-.->
r^
r-
r-
r-~
r^
r-
r--
r-
t^
r-
r-
r-
r^
r--
r-~-
r--
r-
o
o
O
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
u
u
O
U
O
O
u
O
O
O
y
U
U
y
U
U
U
U
U
'O
U
y
O
O
O
U
'O
U
O
u
<
<
<
<
<
<
<
<■
<■
<■
<■
<■
<
<
<
<■
<■
<
<
<
<■
<-
<•
<•
<■
<■
<
<
<
<
u
O
U
u
O
u
U
o
U
o
o
U
U
u
U
u
u
u
u
u
U
u
o
o
u
u
u
o
u
o
^
Z
z
z
z
z
z
z
z
z
z
z
z
z
Z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
r-
c^
r^
r^
r^
r^
t^
r~
[^
[^
r^
r^
r-
r-
r-
r--
r~
t~-
t~-
I--
r-
t-~
r^
r~
r--
t-^
r-
r^
r~
r-
I
I)
3
■s
>
g E S
■spa
)
2 a,
E*
^
fs f^ Ov 'T
(N (^ On —
U
z
CN (N (S rN
^o ^ >^
fS(SfNrN(NfSfSrSM(NfS<N(N(S(N
f*i d fi fi r'l f*! r*^
OOUCJUCJUOO
zzzzzzzzz
(N CS (S (N rS (N
OS b:
z z
zzzzzzzzzzzz
fN (N (N fN (N (N
b:
u
z
b:
u
z
U
Z
Z
Z
z
z
u
z
o
z
O
z
z
OS
OS
O
z
OS
u
z
OS
z
o
o
o
o
o
o
o
o
£
1^
o
o
o
o
cs
(N
rN
M
rN
(N
(N
fS
(N
(N
(S
(N
(N
CN
(N
u
H
<
H
t«
o
o
o
o
o
—
o
^
>/^
^
,„
<N
^
„
n
„■
r^i
^
OS
r-)
r*^
rr
V
■u
y
o
o
o
o
n
C-)
O
c->
o
!-)
en
M
^
k
^
fN
(N
fN
r^
n
^
Tj-
■^
■^
w->
v^
r-~
r-
r-
23
23
c
u:
^
)Z
o
o
o
O
>"
^
"^
.
\
.
.
'
^
^
^
■ 1
^
^
J
'_
r^
r--
r-
Cs
f>
c\
ON
ON
OV
vn
vn
vn
vn
o
o
vo
vn
■,->
>,0
vn
vn
vn
>^
•,0
o
o
o
o
o
o
o
o
o
<
<
<
<
uJ
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
O
CJ
c;
c;
w
C)
c>
c;
c>
'J
■u
5J
OJ
^
t)
O
C)
r )
( >
t)
C )
t )
C)
ri
C )
O
C)
o
C)
<
<
<
<
<
<
<
<
<
>
■J
>
>
H
<
<
<
<
<
<
<
<
<
<
<
<
<
<
u
u
U
u
o
o
u
o
o
v
U
o
o
o
o
U
u
''J
o
O
o
o
o
u
u
o
z
z
z
z
z
z
z
^
;^
X
X
X
>;
OS
z
z
z
z
z
z
z
z
z
z
Z
Z
z
z
Z
r-
r-
r-
r^
(^
r-
r-
r-
r-
t2
V3
00
00
DO
00
oc
oc
oo
00
oo
00
CO
00
oc
oo
00
oo
Ov
ON
X
-~
u
o
^n
«
^
e
NN
<a
^
li,
H
j=
-^
ao
»J
3
U)
^Jj
]*
•o
CJ
U
03
■a
Q.
D
U
0^
X
^
3
a
•^
u
>■
C3.
a.
<;
s-.
■= fe
3: E
S <u
(•I >
is-?
£ _
■5 ^
g E S
■o o a
:;* £
u«
a
O
^
5
■J-.
^
as
:£
e
9
<
•a 4.
o
4* w
z
£•
2 «
§■1
£=:
01
^
D£ n
is -S
E %
n
X^
0*
^ i
i*^ •*
c .r
gt^
<
f
o;
a.
Qi
Cii
o
o
U
u
^.
^
;^
ii
O OC "/-,
O 00 m
(N — —
CN ^- -^
— r^ —
— — o
— — o
o z <^
o z -5^
a. Q.
I
o;
b:
oc
3i
a:
ai
ai
a:
a:
a:
o
o
o
vJ
;j
U
y
U
U
O
z
z
z
z
z
Z
Z
Z
Z
Z
Oi (N (N (N
\0 <i o o
O T3 O T3 O ^ O .
— y — o — -J -"
oi - ci ■- a: ■- ai ■
2 u; Z u: Z u: Z :
— E r S - E - :
— /J ^ _•-> ^ o — /
a:
a!
a:
a:
u
U
O
o
z
Z
z
z
f*^
r"-
f*1
r*-.
fN
fs
(N
(N
z z
^^
^
(N
rr
irl
O
o
o
O
O
o
r^
rl
o
o
o
^
—
—
—
rr
TT
■rr
T
^
T
^
o
VC
>o
O
o
o
c>
C)
C)
O
y
'sj
CJ
<
<
<
<
<
<
u
o
o
O
O
O
u
z
z
z
z
Z
z
z
CS (N (N
z
o
1/5
o
u
u
z
z
O
C/5
1^
U
0.
u
H
<
H
(A
I
<
z
o
<
<
z
■3
2 -
■s e £,
)
.a .
)
1 =
<
oi
Oi
«
Qi
OS
a:
«
b:
ai
CJ
o
U
U
o
o
u
u
(J
;£
ii
Z
^.
z
z
7.
;i
Z
o
o
o
o
o
o
o
o
o
C^ CTn Cs
00 00 00
^ 0^ Os
^
t^
bi^ bi^ bi^ fri^ b.^ hi*«
^ ^ ^ t t ^
^ ^ t
o
^ ^ "O ^ ^ ^ ^ ^ ^
B! ci! 04 oi b: Oi Di
O U O U U O U
z z z z z z z
C^ C\ C* C\ On C\ CTn
(N fN tN fN fS fS
V^ v^ v^ v^ \0 v^
Oi g Oi -s oi -s oi -S oi -s oi
CJ e-y e-o g-y g-o g-o
m D. m Q.m a. r^ D-rn cm
-E-E-E-E-E-
^— U^M t>— Uv~ Ur~ Ul— I
-f 1 ( i — s
•o _ •= I
UCJOUUUOUUUU
ZZZZZZZZZZZ
(Nr^fS(NfN(NfNfS
b:
u
z
CSC\CVCT\i^^^C\
S 0^
r 0^
t^o
bu
a z
a Z
D.r-1
D.OS
E °
I
I —
b: b: b:
o u o
z z z
<
u
z
o o o
< < <
o u o
z z z
z
<
z
<
z
< <
< <
z
u
.J
<
z
o
u
b
o
CL.
ga
U
z
<
H
C/5
CQ
1/1
oi
a;
Qi
a:
oi
OS
Bi
«
o
o
o
U
U
o
u
u
z
z
z
Z
z
z
z
z
(N (N (N (N
v£) vo ^O
<
O
z
Bi
b:
si
o
u
u
z
z
Z
o
OS
(7n
o
o
O
(N
(N
(N
z
o
r*^
w-i
l-~
fl
O
o
O
o
o
O
o
O
h-
r*^
m
r^,
r*^
m
•^
\o
SO
<
H
OS
o
O
o
O
O
o
o
o
o
00
00
oo
00
00
oo
00
00
-o
o
-o
y:
VO
•^
vo
so
;;
O
C)
v;
\i
c;
s J
<"
<■
<■
<-
<•
<■
<■
<■
cu
iJ
u
O
iJ
u
;;
o
s;
1/3
Z
z
z
z
z
z
z
Z
z
-a"
Bi
U
z
o
z
■3
as
i
o
r-
•^
r-
o
r-.
Ci
ai
ai
a::
L>
'^
u
^
:^ ;<i
:.i
^
r^
^^
_
^
o
—
—
w
rs
O X
fN —
ai
SC
ci a;
O
Z
2 Z
rs
I i
rl
X -
W d
Q -
Z £
■■ re
3 I
S -
■3 i
H
2 1
11
3 >
K -
<
1^
p^
r^
p-
s^
o
!>
C^
o
O
r-
00
o
c;
r-
o
[^ [^ r^ r-- r-
C d. C CU
<< < <
C- . =^ C- ' =^ C- Cl.
< O < O < <
00
I
r-,
(--,
r-,
r*'
r-
r-
vr,
vn
tn
w-^
r;
n
O
O
(N
(S
(N
—
2c:
s:
a:
a:
=r;
Cii
a;
ai
u
o
u
L^
u
O
o
o
2
2
-i
^
2
/i
^
^
r*-,
r— .
o
n
rs
fN
fS
(N
o
O
(N
^
—
—
—
—
tN
(N
~
(N
r^
fN
fN
(N
B!
a
ai
«
U
u
U
u
^
■/;
;<;
<i
o
z
a:
a:
a;
a;
Ji
a:
a:
a:
^
y
o
o
o
O
^
^
^
;<i
/T.
Z
4:
:^
ii
sC
o
o
iri
v~i
vr,
i/-^
</-!
r^
fN
(N
o
o
—
—
—
fs
fN
fS
(N
fN
z
2i
a;
0:
a:
a:
a:
a:
a:
a:
3i
u
U
u
Z
z
z
Z
Z
Z
Z
Z
y-
Z
OC ^ O — fN
r^j
f^
q
q
fN
g
fN
(N
tN
[2
£
tN
f-,
C5
^
=
r\
fN
(N
r*
rs
(N
CN
r^
rs
r^.
m
fr
r^.
f.
f.
f.
r".
r-.
;_;
X
C:
;;
;;
;;
^
:>
: )
—
»^
: )
Ij
;j
;.!
I)
{)
U
;;
;;
;;
<
<
<
<
<
<
<■
<
ie
<■
<■
<
<■
<■
<
<
<
<
<
<
<
<
^
U
u
u
u
Z
z
z
y.
:^
2
;^
:^
>
Z
z
z
A
z
z
z
Z
z
z
x;
z
z
<
<
<
<
<;
<
<
<
u
<
<
<
<
<
<
<
<
<
<
<^
<
<
4
BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997
DESCRIPTION
CODE
ANNUAL
SUBSCRIPTION PRICE
Trie 1 - Depf. of Adrninistrarion - Complete Tirie 201 00 001
Division of Purchase & Contract 201 10 051
Federal Block Grant Funds 20110331
Tirie 2 - Dept. of Agriculture - Complete Tirie 202 00 001
Food & Drug Protection Division 202 15 091
Structural Pest Control Committee 202 15 341
Agricultural Markets 202 15 431
Plant Industry 202 15 481
Animal Industry 202 15 521
Tirie 3 - Dept. of Stote Auditor - Complete Tirie 203 00 001
Tirie 4 - Dept. of Commerce - Complete Tirie 204 00 00 1
Alcoholic Beverage Control Commission 204 15 021
Banking Commission 204 15 031
Credit Union Division 204 15 061
Savings & Loan Division 204 15 091
Industrial CommissionAVorkers Compensation 204 15 101
Savings Institutions Division 204 15 161
Tirie 5 - Dept. of Corrections - Complete Tirie 205 00 001
Division of Prisons 205 15021
Tirie 6 - Council of State ■ Complete Tirie 206 00 001
Tirie 7 - Dept. of Cultural Resources • Complete Tirie 207 00 001
Tirie 8 - State Boord of Elections - Complete firie 208 00 001
Tirie 9 - Offices of riie Governor & Lt. Governor - Complete Tirie 209 00 00 1
Tirie 10 - Dept. of Human Resources - Complete Tirie 210 00 001
Licensing of Health Facilities 210 20 101
Detention Facilities 210 20 201
Mental Health & Rehabilitation Services 210 20 301
Social Services 210 20 401
Children Services/Day Care 210 20 41 1
Services for the Aging 210 20 421
Services for the Blind 210 20 431
Services for the Deaf & Hard of Hearing 210 20 441
Employment Opportunities . 210 20 451
Tirie 1 1 - Dept. of Insurance - Complete Tirie 211 00 001
Insurance 211 10 01 1
Consumer Services 211 10 041
Fire & Rescue Services 211 10 051
Agent Services 21110 061
Engineering & Building Codes 211 10 081
Tirie 1 2 - Depf. of Justice - Complete Tirie 2 1 2 00 00 1
Private Protective Services 212 10 071
Policy & Sheriff's Education & Training Standards 212 10 091
NC Alarm Systems Licensing Board 212 10 111
Tirie 1 3 - Dept. of Labor - Complete Tirie 2 1 3 00 00 1
Mine & Quarry Safety 213 15 061
General Safety/OSHA 213 20 001
Wage & Hour Rules 213 15 121
Boiler & Pressure Vessel Safety 213 15 131
Apprenticeship & Training 213 15 141
Elevator & Amusement Device Safety 213 15 151
Tirie 14A - Dept. of Crime Control & Public Safety - Complete Tirie 214 00 001
Alcohol Law Enforcement 214 00 081
Victims Compensation Fund 214 00 I 1 1
Tirie 15A - Dept. of Environ., Heairfi, & Nat. Resources - Complete Tirie 215 00 001
Environmental Management 215 15 001
Air Quality 215 15 101
Water Qujiiiv 215 15 201
Land & Waste Management 215 15 301
Solid Waste M.inagement 215 15 311
$90.00
$30.00
$25.00
$140.00
$35.00
$30.00
$30.00
$30.00
$30.00
$25.00
$125.00
$45.00
$45.00
$25.00
$25.00
$30.00
$35.00
$70.00
$35.00
$30.00
$60.00
S30.00
$45.00
$470.00
$95.00
$40.00
$110.00
$185.00
$55.00
$45.00
$40.00
$25.00
$45.00
$90.00
$80.00
$30.00
$25.00
$35.00
$30.00
$90.00
$30.00
$40.00
$30.00
$110.00
$25.00
$70.00
$25.00
$25.00
$25.00
$25.00
$45.00
$25.00
$25.00
$395.00
$165.00
$90.00
$85.00
$85 00
$50.00
DESCRJPTTON
CODE
ANNUM
SUBSCRIPTION PRICE
Underground Storage Tanks
Coasial Management, Fishing & Boating
Environmental Health
Radiation/Nuclear Waste
Sanitation
Public Health
Intoxilizer & Breathalizer
Trtie 1 6 - Dept. of Public Instruction • Complete Titie
Elementary & Secondary Education
Titie 17 - Department of Revenue - Complete Title
Taxes on Individuals
Taxes on Business
Sales St Use Tax Division
Motor Fuels Tax Division
Titie 1 8 • Secretary of State - CompIeteTitie
Securities Division
Titie 1 9A - Dept. of Transportation - Complete Title
Division of Highways
Division of Motor Vehicles
Titie 20 - Dept. of the State Treasurer • Complete Trtie
Titie 21 • Occupational Licensing Boards - Complete Fitie
Titie 22 - Administrative Procedures - Repealed
Titie 23 - Community Colleges • Complete Titie
Titie 24 - Independent Agencies • Complete Title
Title 25 - Office of State Personnel ■ CompleteTitie
Title 26 - Office of Administrative Hearings • Complete Titie
Titie 27 - Nortfi Carolina State Bar - Complete Title
North Carolina Administrative Code - Complete Code
(Add S85.00 Shipping and Handling)
CD-ROM North Carolina Administrative Code
(updated quarterly)
CD-ROM North Carolina Administrative Code
(When purchased with the Full Code in Print)
Master Index
Master Table of Contents
Binder{s) Titled "Offaal Nanh Carnlina Admmislrulm Cods"
215 153:i
215 15401
215 25 001
215 25 101
215 25 201
215 25 301
215 25 311
21600 001
216 10061
21700 001
217 15 101
217 15 201
217 15 271
217 15 291
21800 001
218 10 060
21900 001
219 10021
219 10031
220 00 001
221 00 001
n/a
223 00 001
224 00 001
225 00 001
226 00 001
227 00 001
299 99 981
266 00 001
266 50 001
288 50 001
288 80 001
299 90 000
S30.00
$53.00
$150.00
$65.00
$60.00
$85.00
$25.00
$60.00
$30.00
SI 30.00
$40.00
$70.00
$45.00
$30.00
S60.00
535,00
$90.00
$45.00
$45.00
$45.00
$230.00
S45.00
$40.00
$80.00
$35.00
$60.00
$850.00
$750.00
$250.00
I
$475.00
$75.00
$16.00/each
METHOD OF PAYMENT; D Check Enclosed
D VISA C MasterCani D American Express
URD M.MBtR i
NA.ME ,.1i ,; jpprjfi on cjr.i
SlCS^nRE
CUSTOMER 1NR3RNWT10N
FIR.MORCO.MP.A.W S.A.ME
CONT.\CT S.AME
TELEPHONE NL.MBER
iTRtET.ADORt» Krju.rr,/ ■„,
jil j/MpmcTTO)
DEPT OR M.ML STOP
PC BOX IF *N\
tlTY.'SHTF ZIP
SLBiiJRIflER .ACCOi;ST \l. \;6tS
CODE NUMBER PRICE QUANTITY
TOTAL
1
1
t
i
Bindensi 299 90 000 >
Subtotal
North Carolina State Sales Tax !6°'ol
1
Shipping and Handling (SA.SO/copy)
GRAND TOTAL
.V.^i! with poymenl ro
Baiciavi low Publishers P O Bex 05~c7 Chicago iL C0694-5~C.7
Far faster service cail (800) 888-3600
LtfLZ JaMBJQ Od
s3uuB3H aAiiBJisniiuipv Jo s^UJO
dIZ
HUHH
awvis
33Vld
31V1S
Alio
ssaaaav
HWVN
FOLD HERE
NORTH CAROLINA REGISTER
ORDER FORM
I I Please enter my subscription for the North Carolina Register to start with the
($195.00/year subscription. N.C. subscribers please add sales tax.)
issue.
I I Renew North Carolina Register
I I Check Enclosed
D
Please bill me
Please make checks payable to Office of Administrative Hearings
NAME_
CITY
PHONE
ADDRESS
STATE
ZIP
(Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.)
CHANGE OF ADDRESS
1. Present Address
NAME
ADDRESS
CITY
STATE
ZIP
2. New Address
NAME
ADDRESS
CITY
STATE
ZIP
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
us. POSTAGE *■!
or\r<
53C *l
FIRST CLASS MAIL
585
UNIV. OF NORTH CAROLINA
LAW LIBRARY CB# 3385
VAN HECKE-WETTACH 064-A
CHAPEL HILL NC 27599-
I
TVNews
OpenLibrary